Legal Question in Real Estate Law in Massachusetts
Last Will statements
I have a home that was given to myself and my sister when my grandfather past away. My mother was the trustee. Recently she sold the house to me to get out of financial troubles. I invested $60k to renovate the house. Now we are getting ready to sell the home and my sister is claiming to recieve half the present day value even though she never contributed to the renovations. In the will it states about the trustee: �To make distribution of principal in cash or in kind or partly in cash and partly in kind, not necessarily ratably, but on the basis of equal value according to his own judgment�. Is my sister legally entitled to any money or half of the present value or can my mother claim that section in the will
1 Answer from Attorneys
Re: Last Will statements
If your mother sold you the house as Trustee and had the authority to do so, then your sister has no claim against you. She may have a claim against your mother with respect to the use of the money.
Your mother as Trustee has an obligation to use the money as required under the Trust. Your sister would all things being equal be entitled to half the proceeds from the original sale.
Also as a beneficiary notice should have been given to your sister of the sale and your mother should have gotten her consent to the sale since it was a related transaction. If the sale was proper, your sister has no claim to the property or the proceeds from the second sale.
However, if it was not done properly things become more complicated. I suggest you contact an attorney and bring a copy of the Trust, the sale documents and everything related to any notices to your sister of the original sale or her consent.
Good Luck
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