Legal Question in Wills and Trusts in Massachusetts

Re: Life Estate

Don't get worried. My first impression is that you can do just what you say.

If you have a life estate who has the remainder interest? Is it a joint life estate with your sister or is each half somehow (without having been condo-ized!) given as a life estate .... On whose life is the life estate, yours? Your sister's and yours? Or your fathers?

Do you have a copy of the deed that you could fax to me at (617)527-1763? Do you have proof that it was recorded? If you send me the address I can check some public records ... all to be sure you DO have the life estate you say you have!

Now, my first impression is that if you have a life estate, that usually doesn't mean you have to live THERE and it does mean you are entitled to rent it out it during the period of whoever's life the life estate is based on. There could be something to the contrary buried in technical jargon in the deed, though, but it's rare.

Good luck. I'd prefer you e-mail or fax me with responses to my questions; I'd rather you didn't call yet.