Legal Question in Wills and Trusts in Massachusetts

Property in Trust, Sibling not divulging info, do I have a chance at fair share?

Nana recently passed away in mid-December. She owned an apartment building that has substantial market value. Although my mom repeatedly tried to convince Nana to prepare a will, she did not always saying ''you're sister will do right by you''. My mom's sister, ''Auntie'' (and family, spouse & kids) live in the apt bldg and have for all their lives. Auntie had great influence over Nana and financial matters. Auntie has always been very closed mouth and vague with my Mom especially about matters of money. Mom recently obtained docs showing the property ownership transferred into a trust a number of years ago but knows nothing of the terms of the trust, etc. Of course, Mom knew nothing of this and can only assume she is not named in the trust. Here is the question - given the property is in trust, does Mom have a good legal chance at seeing her fair share of the property? Or is it a costly legal battle statistically not worth pursuing? Auntie has just offered Mom a very modest amount of money; laughingly ''doing right'' as Nana suggested.


Asked on 1/27/02, 7:51 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Property in Trust, Sibling not divulging info, do I have a chance at fair sh

Only property in the name if the decedent and existing upon her death is subject to division/probate. If there is a will, according to its terms; with no will, according to state law.

If the property was placed into a trust, and assuming it is a vallid trust, then the property is subject to the rules of the trust document. Oral wishes, hopes or expectations are not controlling.

Should you have any further questions, please contact me.

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Answered on 1/27/02, 8:04 pm


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