Legal Question in Elder Law in Massachusetts

deed vs. will

My mother's house was deeded to my cousin in 2005, however, her will stated that her life partner was to have a life estate after her death. In the will the house was left to myself and my sister. Could my cousin keep the home and have my mother's last wishes revoked? I am not sure what kind of deed was made to her but it was executed with an attorney. My cousin is not named in the will. In the will it states, in case of death, the house is to be split between my sister and myself or one will buy the other out. There is already fighting going on between the cousin and my sister. How does this work?


Asked on 11/15/08, 9:58 pm

2 Answers from Attorneys
Alexandra Golden Golden Law Center

Re: deed vs. will

The answer depends on your mother's state of mind in 2005. Unless you can prove that your mother was not competent to make a gift or that your cousin defrauded your mother or exercised improper influence, there's a good chance that a court would uphold the gift. If that is true, it's not your cousin who had the gift revoked -- it would have been your mother.

I strongly suggest you speak with a Massachusetts attorney who does a lot of probate litigation and is familiar with the laws about capacity and undue influence. The attorney will be able to help you determine the strength of the case and what steps may be most appropriate.

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Answered on 11/15/08, 10:07 pm

Re: deed vs. will

Assuming your mother was of sound mind at the time of executing the deed and understood what she was doing, the deed will superceede the Will.

If there is an issue as to your mother's real intentions, I suggest she contact an attorney immediately to get the deed revoked and so the intent of her Will be followed.

Good Luck.

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Answered on 11/15/08, 10:19 pm


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