Legal Question in Wills and Trusts in Massachusetts

Re: will beneficiary

Your sister can decline her share of the estate and the Will will dictate how it is divided between the rest of the heirs.

She (assuming she is competent) can assign her interest to you in writing or she can set-up a trust for your benefit. If all she wants is for you to handle her business affairs, she can give you a Durable Power of Attorney with Immediate Effect so she can get the money and have you handle it for her. You will have similar obligations as a Trustee to her.

However, an executor or other member of the family could challenge the action if they think you are taking unfair advantage of her.

I would suggest you get a copy of the Will and contact an attorney to meet with you and your sister.

P

Re: will beneficiary

Suggest your sister retain an attorney to advise how she can convey to you what she wishes, perhaps deducting therefrom the cost of her attorney's advice on how to best do so. This way it will not appear you are taking unfair advantage of her. Good Luck!

Re: will beneficiary

If your sister is mentally competent, she can decline her share, but your stepfather's will will determine who gets her share.

Your sister can assign her share of the estate to you in writing.

Since you did not say who the executor is, or other family members, and if there is anyone who would feel you are taking advantage of your sick sister, I have no idea if anyone would oppose her doing so.