Legal Question in Real Estate Law in Massachusetts

My first question is: how do you know that his daughter will be taking over his share of the house? Have you seen your Uncle's will? Does your Uncle have a spouse or any other children?

Assuming that you come to be a co-owner with your cousin, who is not interested in owning the four family home with you, you have a number of options.

1. Agree to pay her 1/2 the value of the property.

2. Agree to sell the property and split the proceeds.

3. Agree to turn the property into 4 condominiums. You can continue to rent yours, and she is free to sell hers on the open market.

4. Refuse to sell, and force your cousin to bring a petition to partition action in the courts. This will result in a court ordering one of the above, but will cost both sides considerably more money and fees.

Feel free to contact this office if you would like some assistance in this pending transaction. Is your Uncle aware of the disagreement? Since he is still alive, he continues to have control over how this unfolds.

Assuming your cousin is not interested in owning the home, she or the executor can file a Petition to Partition and force the division or sale of the property.

You have a few options:

1. have the property appraised and buy her out for 50% of the value less 6%, brokerage and closing cost deductions for sale.

2. Sell the property with the consent of the executor

3. Buy her out but ask her to take a Mortgage on the property and pay her monthly.

4. condo the property keep two units and sell two units.

Please feel free to contact me if you have any questions.

I am sorry your uncle is ill.

If his share does pass to his daughter and you have the options listed by Attorneys Roth and Vaughn-Martel, you would be wise to retain an attorney now to try to negotiate the least expensive arrangement either with your uncle while he is still alive or with his daughter after she takes title. Good Luck!