Legal Question in Real Estate Law in Massachusetts

Unless there is a restriction in the Will or on the deed, then the owners of the property can agree to sell or not.

If you are an Executor under a Will and the house is part of the residue of the estate, then you can seek permission of the court to sell the home for a price not less than X.

If the property is in the name of the children, then you all have to agree or you need to bring a Petition to Partition to force the sale.

If you are executor of the estate, I suggest you contact an attorney to assist you with the process. Please feel free to contact me if you have more questions.

If I were you, I would absolutely speak with an experienced estate planning attorney. Before you do anything, you want to make sure that are not going to accidentally disqualify your brother from much needed assistance (disability, etc.) by distributing his inheritence. You may want to use a special needs trust or some other trust to protect his inheritence and preserve his current benefits scheme.

If you would like to receive advice on equitably dividing and selling the home, bringing a petition to partition, and discuss the effects of inheritence on your brother's current and future benefits, please feel free to contact my office at 617-357-4898.