Legal Question in Wills and Trusts in Massachusetts

Want a referral to a lawyer about this issue? Don't mess around doing this yourself. There are tax consequences if you buy the home in your name, and potential creditor problems with your mom buying the home (should she end up, for example, in an assisted living facility). I can name a handful of brilliant lawyers who can help you resolve this issue.

If you like, email me at: [email protected] and I will send you back a few names.

As her guardian you have to account for her funds carefully. I would contact an attorney and go over how to hold the funds properly and how to structure ownership. You can purchase a condominium for her and you to occupy. Ownership issues become more complex.

I suggest you meet with an attorney to get some suggestions on the best way to handle your mother's assets with respect to protecting them for your mother's continued use.

The law is clear: if it's her money, it's her money and you are responsible to her and the court to account for its use. Proceeds from the sale of the real estate must be in a bank account in HER name and Social Security number, not yours. Real estate purchased with her money must be in HER name. If you wish to make any alternate arrangement, you must petition the court for expansion of the conservatorship.

I strongly suggest you meet with an experienced elder law attorney ASAP to discuss the various options.