Legal Question in Wills and Trusts in Massachusetts
Probate - trusts
My mom owned property placed it in a trust between my sister and I naming myself as trustee. She was in early stage of alzeheimers and shortly after suffered a brain injury. I have been sole caregiver for 5 years. Several years ago i sent aletter outling costs and reimbursement for care I was providing for my mom and stated I would continue unless she disagreed or could provide a better option I might have overlooked. My sister never responded and I continued providing care. I have an opportunity to sell the property which my sister is in agreement with as she wants ''her share'' but is not going to reimburse me for services I provided and is not going to take into account my mom is still alive and requires 24 hour care-she is bedridden and incapable of all activities of daily living. Is my sister not responsible for for services I provided and outlined in the certified letter I sent? Could I terminate the trust placing it back in my moms estate?
3 Answers from Attorneys
Re: Probate - trusts
Reimbursement for the trustee is usually written into the trust. The terms of the termination of the trust is also written into the trust. Therefore, without actually seeing the actual trust, I won't be able to answer that question for you.
Re: Probate - trusts
You should not do ANYTHING with the trust or trust assets unless you see an attorney and review what powers the document actually grants you and how your actions may affect your mother's eligibility for MassHealth. Depending on how the trust is structured, if you distribute the property to your sister and yourself, MassHealth might determine that you created a disqualifying gift if your mom should need to apply for coverage within five years of that transaction. The distribution may also be a breach of fiduciary duty to your mother for which the two of you as trustees could be held liable. Last, MassHealth will also challenge any payments made to you for your services.
I have been practicing elder law in the greater Boston area for over a decade. Please feel free to contact me if you are interested.
Re: Probate - trusts
neither of you may be entitled to anything depending on the wording of the trust. I suggest you take the trust to an attorney to review. If your mother has a life interest in the trust, then the money will go to support her and reimburse you.
I would go see an attorney and have them review the trust and decide on what are the legal ramifications upon sale.
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