Legal Question in Wills and Trusts in Massachusetts

Re: Revocation of Life Tenancy (Life Estate)

One way around this is to wait. All resolves quite nicely upon mother's death.

There is a vehicle called a QPRT (qualified personal residence trust) which would allow mother to give ("gift" used as a verb) her property rights to her children with a reduction in value (a steep discount) from the full value of the life tenancy she now has, so that the nursing home gets even less. You would need to talk about some numbers for me to tell you more ... how old is she, how sick is she (how likely to die within 1 year), how much is the house worth, and by the way, has she ever had reason to file a gift tax return before, that is, has she ever given away more than $10,000 to someone in a single year? Specifically, how did the property come to be owned as it currently is? Did she give away the remainder interest when she was younger? Or was it given or left in a will to her and the children this way in the first place?

It's also possible, depending upon value, that the nursing home has no legal interest in her life tenancy, even though signing such an agreement appears to be a gift. Let me know!