Legal Question in Wills and Trusts in Massachusetts
Contesting a will?
I am the youngest of my siblings and only male. My father passed away in 1983. He had been disabled for years.
Before he passed, he and my mother (who is also disabled) talked to me about the future care and upkeep of their house and care of my mother in the following years. My sisters had all moved on and I was the only one offering to help.
I promised them that I would stick around as long as they needed and continue the maintenance and upkeep of the house as well as caring for my mother.
In 1987 my mother made out her will. She left the house to me and had come up with a set amount to be paid by me within 2 years to my sisters. In her will she writes ''I make this provision in the recognition of my son Bill's contribution to the family home these past years''.
In 1989 my mother transferred the deed of the house to me fearing it may be lost to medical bills in the future. I have stuck by, (two houses away) and fulfilled this promise.
Recently my mother had to go into a nursing home. She is 93 years old. My wife and I have done all we could, but mom needs 24/7 care now.
My sisters are now badgering mom about how it was not fair the way she left the house. They have got her to agree that she wishes that
1 Answer from Attorneys
Re: Contesting a will?
A deed takes priority over the Will. Even if she changes her Will, it will not change the deed. Your sisters and your mother will have to go to court to get your name removed from the deed.
They should understand that if your mother is successful MA Health and Medicaid will take a lien against the home for any claims they may have and could force the sale of the home unless it is occupied by someone who is your mother's caregiver.
I would suggest you meet with an attorney and go over the details and seek a strategy in advance of anything taking place.
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