Legal Question in Wills and Trusts in Massachusetts

One parent owns home, not much time to live, has no will, lives with my 24 yr o

I live on my own with my children. My mother and brother live together in her home. There is no will and no discussion of one as she doesn't believe she's going to die soon. Does my brother automatically get to stay in the home and keep the house, or do we automatically sell it and split the proceeds?? I

try to discuss with her, and she is in denial about

any health problems... help! I suspect I will need

an attorney as well.. I don't think brother will want to move out.. thank you.


Asked on 9/24/00, 12:02 am

1 Answer from Attorneys

Re: One parent owns home, not much time to live, has no will, lives with my 24

She may have already deeded an interest to him, put her home into a trust, or else have designated he get something extra (the house) in a will. If you give me the address, I can check the first two for you.

As for the latter issue, I've often wondered whether refusal to acknowledge impending death is any evidence of a premature senility so as to call into doubt the testator (will-maker's) mental competence. However, few people who are in such denial ever sign a will.

In the absence of a preference expressed somehow in writing or a gift being made (also requiring something written), your brother's just living in the house does not by itself give him any rights superior to yours in the property if the title is held just by her.

You suspect you will need a lawyer? Let me know sooner rather than later if you think you might be needing one eventually; it's best not to let some matters sit too long. If there's been a gift already, it is far better to deal with questioning it while she is alive.

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Answered on 10/23/00, 3:01 pm


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