Legal Question in Wills and Trusts in Massachusetts
Rights of primary caregiver of mother in will dated 1989 willing all property to
My mother recently passed away on Aug. 19, 2000. She left a will dated 1989 that bequethed her full estate to all four siblings, evenly divided. I had lived with my mother, helping support her and care for her, emotionally as well physcially, for at least the past six consecutive years. She had verbally indicated to a sister and her best friend that she planned on changing her will upon leaving the hospital but God's will was different and she never had the opportunity to so.
In the 1989 will, however, she did state that I (by name) could remain in the house at no cost to me until the sale of the homestead. I have a sister that is VERY vicious and believes that she is "deserving" of even more than the will allows. My most urgent question is this....Does her part ownership of the property entitle her to a key to gain entry at any and all times that she wishes, given the fact that the homestead is my primary residence and it was willed I could, in fact, live there at no cost to me?
1 Answer from Attorneys
Re: Rights of primary caregiver of mother in will dated 1989 willing all propert
Sorry I'm getting to you so late ... I hope I can still be of some assistance.
How old were you in 1989, please?
Is your sister older or younger than you?
What do you think the term "homestead" meant in her will? Was that the term used? Has the will be probated already? Who is the attorney? Who is the executor or executrix, your sister?
A couple things you've said have made my ears perk up. We have some things to discuss more fully. I suggest you give me a telephone call, or call any attorney local to you who specializes in probate.
The issue of her walking into a home she doesn't reside at ... we'll talk about that, too.
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