Legal Question in Wills and Trusts in Massachusetts
Right of Survivorship
Please help. My 80 year old mother is leaving each of her 3 daughters a beach cottage in Massachusetts. She is a resident of Florida but vacations in Mass. She would like to insure that these cottages stay in the family and not be passed on to spouses who might be tempted to sell them. She would like these to stay in the family for generations to come if possible. How can this be accomplished in her will? If it helps, there are 3 grandchildren: 2 from one family, one from another, and a third daughter is childless. Does a right of survivorship clause apply here? Thank you so much.
2 Answers from Attorneys
Re: Right of Survivorship
I suggest she retain an attorney who can create the appropriate life estate with a reverter clause in her will.
Re: Right of Survivorship
It is not exactly a right of survivorship. We are talking about creating different future interests in the different members of the family your grandmother would leave the properties to. It can certainly be done but it involves very complicated language and should really be handled by an attorney (one with experience in this area of law). She needs to tell the attorney exactly what she would like to happen and he or she will draft the will with the appropriate language. Best wishes.