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I live in the first fl apartment of a house owned by my Mom. When my dad died 2 years ago, we put the house in an irrevoccable trust with me and my two sisters. Mom is currently in a nursing home and we do not think she will be able to come home. My sisters want the house sold and me to move out. I am currently on long term disability, my pay has been cut to 60% and I have been denied SSDI but I am waiting for a decision on SSI. I am currently waiting for a lung transplant. On Wednesday they told me a realtor was coming to look at the house on Thursday. Can they do this?
State/Country relating to Question: Massachusetts Already Tried: I don't know what I can do. My sisters will not speak to me. They want to sell the house and use the money for taking care of my Mom, however I'm not so sure that is necessary. I would rather try and save the home in case Mom should ever be able to come home or at least until the market is better. They suggested I buy them out but they also know I can't afford that.
Both your rights and your sisters rights will be detailed in the trust document. You should carefully review the trust document to make sure you are aware of your rights as a beneficiary.
That being said, the Trustee's duties will also be detailed in the trust document. But usually at a minimum the trustee must ensure that the trust property is maintained and preserved for the benefit of the beneficiaries. The person who has the authority to sell the house is the Trustee.
I have asked my sister for a copy of the trust and she has not produced it. I asked the lawyer for a copy of the trust and he said I need my Moms signature and then told my sister I asked for a copy (which I asked him why he felt the need to notify her, he said she was a conduit for my Mom). I don't think I should have my Mom sign anything as her mental state is not very good right now.
As the beneficiary, you are entitle to receive a copy of that portion of the irrevocable trust that affects you at the moment that the trust became irrevocable. In addition, the trustee cannot sell any property that is in the trust without petitioning the court first. You, as a beneficiary, would receive notice of the petition and would have a chance to respond if you do not think it is in the best intererest of the beneficiary.
You may refer to Massachuetts statutes Chapter 203 which covers trusts.
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