Legal Question in Wills and Trusts in Massachusetts

Re: realty trust

As Atty Roth mentioned, a close reading of the trust would be useful.

On general principles, there are several different possibilities, including the purchase of replacement real estate of equal value with a life estate for your mother and remainder to you. Or, there could be a trust established reflecting the same language (i.e., carrying over the pertinent provisions of the existing trust). If it is funded by cash, the trust could purchase income-producing securities which would create income for your mother, and upon her demise, the balance of the trust would pass to you.

This is definitely something for which you will want to obtain professional advice - tax and legal.

Re: realty trust

First you say it was illegally sold by the Trustees, who are the Trustees and how were they able to sell the home.

If this was a realty Trust, the consent of the beneficiaries is required. If was a Trust created upon the death of your father or someone else it is a regular trust. Without reading the Trust no definitive answer to your question is possible.

Basic idea of a life estate in real property is that those funds are to be used to acquire your mother a new home and you should get that home upon her demise or if she abandons it.

If the Trustees merely want to disburse the funds, then a calculation needs to be done as to the value of each one's interest. To do that at least in part, the trust needs to be read.

If you and your mother can agree on a use of the funds, it would make things simpler and perhaps easier for both of you.

Please feel free to contact me if you have more questions.