Legal Question in Wills and Trusts in Massachusetts
My mother and my brother, who does not work, have both their names on our childhood house and live together in this house. They are dependent on each other financially. My mother wants to see the house, give my brother half, and give her half to my sister so she can buy a bigger house that would accomodate my mother better. The idea is that my sister would take care of my mom in her old age. My other sister and I think it is unfair that one brother gets half and one sister gets half. What would be a more equitable way to handle the family house and still please everyone?
1 Answer from Attorneys
One possibility would be to deed it into a trust with all four siblings being beneficiaries, with your mother reserving a life estate for herself, but that would require agreement of both Mother and your brother who now owns a title interest to sign such a deed.
Nothing should be done without first consulting an elder law attorney to insure Mother does not jeopardize her eligibility for Medicare/Medicaid. Good Luck!
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