Legal Question in Wills and Trusts in Massachusetts

The way the deed is written controls you share of the division of the property prior to the property going to the estate. It is possible that you may in fact own the property in part or in whole.

If your name is on the Deed as Joint Tenants with your aunt, then you own the property and the Will does not have any impact on the Deed. However, depending on the date of the Will and the Deed, your cousin could challenge the deed as a fraudulent conveyance as a result of undue influence.

Absent such a challenge, the house is yours. If the title is as Tenants in Common, then your cousin could get from 25% to 50% interest in the home through the estate.

If you have more questions, please feel free to contact me.

A couple points:

1. If your name is on the deed, then it is your home - not your aunt's home.

2. There is no such thing as a non-revocable will (unless the will-maker is incapacitated or dead).

3. The will cannot distribute property that is not owned by the will-maker at their passing.

This sounds like this is the culmination of some do-it-yourself legal work. My advice would be to bring your documents to a lawyer and get a full legal consultation.