Legal Question in Elder Law in Massachusetts
Alzheimers mother
My mother has a life estate, with the children on it. My brother became power of Attorney,while mom was not well. He put all her money in his and her name and claims their is now no estate. Can he sell the condo with our signatures? Or change the life estate? And the will states equal shares. But he now has it all. And is not talking to us. He just got 2 cars, land, and empty out the condo. She is in assisted living.
2 Answers from Attorneys
Re: Alzheimers mother
A life estate means the condo cannot be sold without you and the other remainderman's consent.
As to removal of your mother's assets upon receipt of a Power of Attorney, your brother may have some breach of fiduciary duties as well as undue influence issues as well. You need to consult an attorney and seek a guardianship and conservatorship for your mother. You should understand the guardianship and other action will cost some money.
I suggest you contact an Attorney
Re: Alzheimers mother
A life estate means that there are other people, called the remaindermen, who receive the property after death outside of probate. The condominium cannot be sold without EVERYONE -- the life tenant and the remaindermen -- signing the deed.
If you believe your brother has abused his position, you should consult an attorney about filing for guardianship for your mother. The new guardian can then pursue your brother for return of the assets. Be prepared to spend some money up front, because you may need to get a court order to have a psychiatrist evaluate your mother in preparation for filing the petition for guardianship.
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Mother My Mother has alzheimers and she lives in an assisted living with an... Asked 3/13/07, 12:30 pm in United States Massachusetts Elder Law
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