Legal Question in Wills and Trusts in Massachusetts
Life estate
My parents have given a life estate to their three daughters. Two live in the house with parents, one lives outside the house. Parents are going through a legal separation - they are in their 80's. One sister that lives in the house, has been verbally abusing her mother. Does a life estate mean that this daughter can still live in the house under these circumstances, or can she be court ordered to vacate the premises?
2 Answers from Attorneys
Re: Life estate
The question you ask is more complicated than you would think. I would need to see the gift of the life estate. I would also need to know what you mean by abuse.
If there is real abuse, then a court could order the abusing party to vacate the premises regardless of the ownership interest. However, the abuse has to be documented and sufficient to meet the Court's requirements.
I suggest you bring a copy of the deeds and as much documentation of the abuse to an attorney to review.
Re: Life estate
This is a somewhat complicated issue for which you raise an excellent question. Being given a life estate is not a license to do whatever you want. A bottom line in this issue is what specifically you mean by the term "abuse." It would be easier to detail the options once this term is defined. Contact me and I will try to assist you.
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