Legal Question in Wills and Trusts in Massachusetts
''Occupancy'' issue...
How legal is it for my 5 wicked step-sisters to put the house that their father left them in his will on the market to sell without notification to my mom and I...???As his last wishes, although not stated in the will,it was a verbal agreement between them all,for my mom to stay in the house they shared for as long as she wanted...my mom found out by reading her morning paper...then an open house with our knowledge...I moved in with my elderly disabled mom to care for her after my step-dad passed away.
Now mom is on a fixed income and I can barely make it on my own with the way rents are in Boston...''high'' it is now 2 weeks before Thanksgiving, the holidays and a cold winter are upon us, can they actually sell this house even before it has gone through probate and force us into the street...we have a 7 room house here and no place to go, no money for a lawyer either...please help in any why you can...thank you...
1 Answer from Attorneys
Re: ''Occupancy'' issue...
There are too many facts missing to make a good assessment, but your mother may have some rights that need to be assessed and if appropriate protected.
Since money is a problem, I would suggest you contact the Massachusetts Bar Association referral program that has a special discount program for persons meeting financial criteria or there are a number of public legal organizations such as Boston Legal Services, Middlesex legal services, Worcester Legal Services that deal with Tenants rights and other issues. You can find a list of legal service providers for people who cannot afford attorneys through www.massgov.org.
Assuming the property was a marital home, your mother MIGHT have a legal claim for at least part of the home. She certainly would be entitled to his social security benefits and has a claim for any retirement benefits, but someone will have to look into all this to see if there are any assets or benefits she to which she is entitled that have not been claimed.
I wish you good luck in this matter.
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