Legal Question in Wills and Trusts in Massachusetts

My moms property is in a trust which was to protect it from a nursing home taking it. My mom has Alzheimer's but still lives at home but requires 24 hour care. I have power of attorney over my moms affair. One of my sister is the sole benificuary of the trust. My self and 2 of my other sister would like to get a reverse mortgae on my mom's house in order to keep her home and pay for her care. We don't care if a nurning home would get the remainder of her home if she is required to go to a home. My mom loves her home and wants to stay there. My sister that is the benificuary of the trust WILL NOT sign off her interest in the trust so we cannot get the reverse mortgage. Can I sue my sister on my mom's behalf to desolve the trust?


Asked on 4/27/11, 12:14 pm

1 Answer from Attorneys

No one can answer your question without reading the trust. There may be some things you can do but without reading the Trust, it is impossible to speculate on what can or cannot be done.

I suggest you contact an attorney to review the terms of the trust to determine the rights your mother may have with respect to the use of the property. You will need the cooperation of the Trustee. Your sister may have an obligation to allow the reverse mortgage depending on how the trust is written.

Please feel free to contact me if you have more questions.

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Answered on 4/27/11, 6:20 pm


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