Legal Question in Wills and Trusts in Massachusetts

Without reading the listing agreement, I cannot tell you the answer. However, you may be able to terminate the contract in probate court, regardless of the terms provided in the listing agreement.

Even if the contract is still valid, you do not have to put the property up for sale immediately and if the home is distributed out to the heirs under the Will, the contract will have no impact on a sale by the new owners.

Your father's estate is responsible to pay all his debts and claims filed within one year of his death. A mortgage on the home if there is any, may not be required to be paid immediately under the St. Germain Act, unless otherwise required under the Will.

If you would like assistance with probating your father's estate please feel free to contact me wihout obligation.

I agree with Attorney Roth. You should show the contract to a probate attorney who can assist you in getting out of the contract.

As for the debts you are required to pay, be assured that you personally will not have to pay any debts. If your father had debts in his own name, only the funds in the estate (and possibly the proceeds from the sale of the house if a creditor places a lien on the property) will be available to pay any debts. You can sometimes work with the creditors in negotiating settlement of those debts for less than the amount due.

Please let me know if I can help you with this matter.

Good luck -

I'm sorry for your loss.

As your father's surviving children, you are not personally responsible for his debts. Once established, your father's "estate" will be liable for any valid debts filed within one year of death. Since any debts will likely come out of your inheritance, if any, the practical effect may be the same. Our office handles the probate of estates for individuals in your situation, and has the litigation experience to deal with disagreements and problems as they arise.

I am certain that, with the assistance of counsel, you would not be held liable in any way for the contract with the realtor. You should take the contract to an attorney, who can give you a better idea of what your obligations may be. Our office charges $200 for a consultation, and credits that amount back to you if we are hired on your matter.

Best of luck!