Legal Question in Wills and Trusts in Massachusetts
looking out for my mom!!
My elderly mother lives in an assisted living faciltiy and has for the past three years. She still owns her own home(her name on the deed). At the time she moved out there had only been one offer on her home so my oldest brother offered to purchase her house but not until he sold his own home. That was 3 years ago. He has not paid her a penny toward the verbally agreed upon price. He has made severl home improvements to the house but recently he has had some serious health problems. He has not completed all renovations to my mothers home but it is livable. He has not been able to sell his home. Does he have any rights to my mothers house? He is the executor of her will and will be in charge of her estate. What concerns should the other heirs to her estate have?
2 Answers from Attorneys
: looking out for my mom!!
Usually the transfer of real estate must be in a writing. Any rights that your brother has are based on an enforceable contract. Without more details it is hard to tell, but he is likely to have few rights.
As an executor, he must abide by the terms of the will.
If you have more specific questions, contact me.
Re: looking out for my mom!!
What does the will say on how the estate is to be disposed of, shared etc.?, Presumably, the estate would be equally shared among your brothers and sisters. If this is the case, the real estate should be appraised and the children would get an equal share after all expenses of the estate are paid. Has your mother signed over the title to the real estate to your brother by deed? Has your brother been involved in getting your mother to make a new will? Is she capable of doing this on her own?
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