Legal Question in Wills and Trusts in Massachusetts

When my mother bought her current residence 10 years ago it was set up as joint tenants with right of survivorship with me. Now 10 years later my brother moved in and has convinced her to ask me to sign away my position! She is asking me to do this and I feel guilty for saying no to her but I dont think he deseves to end up with it and for me to be left out. ( this is basically her only asset )
I do not think I need to do anything... Can she do this without my consent? PLEASE HELP....
I am torn between doing what she wishes now but I dont think its fair for her to change her mind and put me in this position.
Thank you in advance for your expertise.

Asked on 1/14/10, 12:12 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

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Please feel free to contact my office if you would like to discuss the particulars of your situation.

Generally speaking, the house cannot be legally transferred without your consent. However, your mother could bring a petition to partition in the probate court, and ask that the house be sold. Depending upon your mother's intentions with regard to the home, perhaps another option exists. Has she considered transferring the home to the two of you, perhaps retaining a life estate for herself?

Answered on 1/19/10, 12:20 pm

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