Legal Question in Wills and Trusts in Massachusetts
Tenant brother's right to parents house
My brother lives with my elderly parents.He has a lease, receives Social Security for a dissability, and pays rent with assistance from the state.Usually renting from family members isn't allowed, but in certain cases, like my brothers where the dissability requires care, permission is sometimes given. .Both he and I help them around the house, drive my mother to Dr. appointments., etc. They help him with meals, grocery shopping etc. It's mutually benificial. My parents' wills state that their money and assets will be divided equally among their five children upon both their deaths, with no specific mention of the house. My brother feels he will have a right to the house when they die, claiming he cared for them, and will most likely refuse to leave. Will he have any claim? His need of their assistance, which he has stated in writing, is the reason he's allowed to live their in the first place. Will he be able to use his dissability? This is a person who has made a career out of taking from others, including the state, and has no conscience or sense of fairness especially when it comes to his own family. My parents don't want to deal with the house specifically, leaving the will as is.I am the executor of my parents' will.
2 Answers from Attorneys
Re: Tenant brother's right to parents house
Assuming there is no agreement in writing and the facts are as you say they are, your brother may assert a claim against the estate with respect to the home, but will have to hire an attorney and prove his claim. his disability will be used to pro-long his use of the home. It is unclear what his disability is and therefor hard to determine what if any impact this might have.
Your parents might want to update their will if they have not done so in the last 5 years and in so doing might want to state affirmatively that no agreement of any kind has been made with anyone as to any claims or future rights in the home. Or they might want a letter agreement indicating the terms of his occupancy. If he is a tenant he can get between 6 months and a year to find new living accomodations if you go to evict him to sell the property.
They could transfer the home to family trust as well to avoid probate. Without looking at their estate and their needs, such as possible future needs for elder care, I can't recommend anything definitive.
Please feel free to contact me without obligation if you have additional questions.
Re: Tenant brother's right to parents house
Assuming your parents have reciprocal wills that leave their assets at their death to the five siblings equally, that would include the real estate unless the will or some contract states otherwise. Good Luck!
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