Legal Question in Wills and Trusts in Massachusetts

Re: life estate

A Life estate is not an irrevocable trust. Your parents retained the right to live in the home for the rest of their life, the question is to whom did they deed the property?

You should get a copy of the deed or talk to your parents. If you have additional questions, please feel free to contact me.

Re: life estate

A life estate is a bit like an irrevocable trust, in that once the deed creating it has been delivered and accepted, the terms of the deed would control, absent unusual circumstances.

Once the life tenant passes away, the property passes by operation of law to the remaindermen named in the deed (the individuals or e.g. grandchildren named in the deed to receive the property after the death of the life tenant.)

If the question is: are parents allowed to disinherit children, the answer is yes, though they have to do it consciously (and this answer may not be accurate in other states such as Louisiana.)

The deed (which may be available for viewing online), should be reviewed by an attorney to confirm whether the deed was effective to do what it was intended to do.

Re: life estate

Okay, a few questions. Parents established a life estate for WHO? Did they transfer the deed to someone else? Did they make an asset part of their or someone else's estate?

Re: life estate

A life estate is not an irrevocable trust. Basically, a life estate is a transfer of an interest in real estate which allows property to be inherited without going through probate.

The original owner names a life tenant (usually himself), and the life tenant has the right to use and occupy the premises during his lifetime. The life tenant is also responsible for paying the taxes, mortgage, maintenance, etc. When the life tenant dies, the property passes to the "remaindermen" named on the deed. The life tenant cannot remove a remainderman from the deed -- the remainderman must agree to the change and a new deed must be prepared.

If your sister was named as a remainderman and has since died, then her interest in the real estate passed according to the terms of her will (if she had one) or to her heirs-at-law as described in the intestacy statute (if she did not have a will).

Please feel free to contact me to discuss this matter further.

Re: life estate

The question isn't what should have been done, it's what WAS done. If your parents have died, their life estate passed on to the remaindermen - presumably you and your sister and any other persons named on the life estate deed. Your sister's share passed to her issue (children) or to whomever she named in her will to receive her estate once she died. If your parents are still alive and want to transfer the property, the remaindermen must also sign the deed, as their interest is also being transferred. If your sister left children or other legatees, they must also sign the new deed.

Please let me know if I can assist you.