Legal Question in Wills and Trusts in Massachusetts

My boyfriend and I own a home as Tenants in Common. We have children from previous relationships. Can we each write a will with a Special Directives Clause stating: ..to have lifetime tenancy of the home and neither heirs may attempt to remove NAME or sell the property before the death of NAME. Upon death of NAME (last living partner) the heirs will be given their share equally."


Asked on 7/07/16, 9:00 am

1 Answer from Attorneys

You can provide for a life estate for each of you upon each of your deaths. However, I would consult with an attorney to determine the best way to handle the matter so there is the least complications going forward. For instance, what if after one of you dies, and the other wants to sell the home how do you want to deal with that circumstance?

Depending on your ages and the ages of your children there could be more issues, such as what happens if one of you has to go into a nursing home for some reason. Please feel free to contact me to discuss your options without obligation or charge.

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Answered on 7/07/16, 2:45 pm


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