Legal Question in Wills and Trusts in Massachusetts
my parents beachhouse is in a irrevocable which states it is to be sold upon my mothers death and each of her seven children gets 1/7th of its value. Recently my sister has been living there with my mother she has convinced my mother she should change her will so that she gets to keep the house. My mother went to the attorney to do this, my sister will now be the executor of the estate as well. My brothers and i have talked to my mother and she has no memory of the house being in trust and just wants to take care of my sister. What recourse do my brothers and i have. Should we intervene now or wait until my mother passes. Can a will be changed to stop an irrevocable trust from being carried out?
1 Answer from Attorneys
If the home was placed in an irrevocable trust there should be a recorded deed placing it in trust. If that is the case, your mother cannot remove the home from the trust without all of the contingent beneficiaries consent unless it is an intentionally defective trust which allows her to substitute something of equal value to the trust.
I would check the title for the property. If it is held in trust, you need to determine if it is an Irrevocable or revocable trust. I would contact the attorney who did your parents' estate plan to see if the Trust is irrevocable and who the Trustee of the Trust is now.
Your mother has the right to do with her property as she deems fit, The issue is: has your mother been unduly influenced by your sister. You can challenge the appointment of your sister as Personal Representative of your mother's estate once the Will is probated.
Please feel free to contact me directly if you have further questions.
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