Legal Question in Wills and Trusts in Massachusetts

Your mother can sell the home to you. To the extent the sale price is less than the fair market value, it would be deemed a gift. Depending on the value of the home and whether there is a mortgage on the property, there may be better ways for you to give your mother money and take possession of the home. Also it will depend on your mother;s specific needs and health.

I would consult an attorney with all the relevant facts so that you do the best thing for all concerned.

Please feel free to contact me without obligation if you have more questions.

Attorney Roth is only half right. Your mother can also take a mortgage on your home, and then put you on the deed as a "joint tenant with a right of survivorship," which may allow you to take the house outside probate when she passes, subject to the mortgage.

I do not handle transactional law in this area (I am a litigation attorney). However, I am happy to introduce you to any one of three attorneys I know who work in this area.

I agree with attorney Jacobson. Depending upon your mother's age and financial situation, you have a number of options.

One option would be to place the home into a trust. Another option would be to transfer the home to you and your husband, but prepare the deed in such a way so that your mother retains a life estate in the property. You would own the property, but she would have the absolute right to possess and live in the property during her life.

You could also just prepare a new deed transferring the property to you and your husband and your mother all as joint tenants.

There are benefits and drawbacks to each and every option, and you should sit down with an attorney to discuss which one works best for your mother.