Legal Question in Wills and Trusts in Massachusetts

Massachusetts Real Estate in Trust Law:

My mother left her vacation home in trust for me and I would like to sell the property but I was told that there might be a "wait period" once the property is transferred to my name. I've lived in the home for the past ten years so how long would I have to wait before I can sell it?


Asked on 7/23/10, 9:09 am

1 Answer from Attorneys

Unless I know what kind of trust it was in, I can't answer the question accuraately.

If there is no likelihood of claims being asserted against your mother's estate which would impact your ownership interest, then you could sell the home once title is placed in your name without any issues.

If however the home and/or the trust are considered part of your mother's estate under the rules of probate. Claims against the estate may be made for up to a year. This may the delay issue you have been informed about.

I assume there is an attorney probating your mother's estate. I suggest you request a copy of the Will and her Trust and any inventory filed as of yet. You can then discuss the process with the Attorney or the Executor for the estate.

If you have additional questions please feel free to contact me.

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Answered on 7/23/10, 12:28 pm


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