Legal Question in Wills and Trusts in Massachusetts

My mom deeded her house over to me several years ago with a reservation of a life estate for herself. Now she is in the hospital and not expected to live much longer. I now do not want the property as I don't want to be responsible for paying the condo fees, taxes, and mortgage. My Mom's attorney does not recommend reversing the Life Estate as it will drastically effect my mom's estate and I will lose a step up in basis. Is there any way that I can not be held responsible for paying the above debts when she dies, aside from reversing the life estate? Can I refuse the property when she dies? I know I can sell it, but I don't think I'll get any takers since it's in rough shape. Also, I cannot rent the property as the condo association does not allow it and I don't want to live there as I have my own property.


Asked on 5/01/11, 10:49 am

2 Answers from Attorneys

Richard Kell Law Office of Richard B. Kell

Because you are the "remainderman" in a life estate deed, you cannot simply refuse the property after her death like you could with "probate" property. Since you will automatically become the owner after your mom's death, there will be no way to avoid the costs associated with that. Thus, you may want to start making arrangements for repair/improvement in order to sell it if you want to avoid those costs.

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Answered on 5/01/11, 11:45 am

First, upon her death you could simply record the death certificate and place the property up for sale. As the owner you will be responsible for Condo fees, property taxes etc. but do not have personal liability for the Mortgage, if any, unless you signed the Mortgage or Note. Start cleaning up the apartment and get it prepared for sale in short order. Upon your mother's death, you should notify the lender she died and you are placing the property up for sale.

If you have a DPOA, ask the attorney to explain who is the Executor of your mother's estate and who are the beneficiaries. This may provide you with more information as to how to handle things.

I think you will be able to place the property for sale and deal with estate appropriately. If after speaking with your mother's attorney if you still have questions, please feel free to contact me.

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Answered on 5/01/11, 3:27 pm


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