Life Estate and Capacity

Submitted by flangley on Sun, 11/27/2011 - 23:35

MA Estate Planning Law (Wills/Probate) Questions and Answers

My father was left a life estate by my grandparents on a farm that me and my two brothers are listed as remaindermen on. He no longer has capacity for decision making. My question is, who holds the decision making authority for the life estate, his wife or me and my two brothers ?

Life estate in MA

Attorney Peter Bernardin

Submitted Mon, 11/28/2011 - 13:38.

I think that for most purposes, a life estate is treated just like any other asset that your dad owns. Meaning that no one but your dad has the authority to do anything with the life estate. If your dad has been found to be unable to care for himself or his assets, then a court appointed conservator would have certain rights. And if your dad has executed a Durable Power of Attorney, you will want to review that document to determine what powers are granted the named agent. Good luck.

Attorney Peter Bernardin

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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com

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