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Landlord - Tenant, Elder Law, Civil Litigation and Real Estate Law for Massachusetts
Q: Gifted my home to my son, now facing mistreatment. What legal recourse do I have?
A few months ago, I gifted my two-family home to my son through a legal document, without specifying any conditions or rights. I live downstairs, and my son and daughter-in-law live upstairs. Since then, I've been mistreated, especially by my daughter-in-law, affecting my well-being. I am 75 years old and did not anticipate this treatment. Despite feeling safe in my own unit, what legal recourse do I have regarding this situation?
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James L. Arrasmith
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A:
When you gifted your home to your son, you transferred ownership and with it most of the legal rights that come with the property. Because you did not reserve a life estate, right of occupancy, or other conditions in the deed, your ability to control or reclaim the property is limited. However, this does not mean you are without options, especially given your age and the mistreatment you describe.
In Massachusetts, elder law protections are strong. If the mistreatment you face rises to the level of abuse, neglect, or harassment, you may seek relief under elder protection statutes. You could petition the court for an abuse prevention order or contact Adult Protective Services to investigate the situation. Courts can sometimes void transfers of property if it can be shown that the gift was made under undue influence, coercion, or without fully understanding the consequences.
Even if you cannot easily undo the deed, you may still have rights as a tenant. If you occupy part of the house with your son’s knowledge and consent, you may be considered a tenant-at-will, which affords you legal protections against harassment or unlawful eviction. Document the mistreatment carefully, and do not hesitate to seek intervention. Your dignity and safety matter, and Massachusetts law provides avenues to ensure they are respected.
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