Legal Question in Real Estate Law in Massachusetts
Deed
My grandmother owned a 2 family home & when she died it was left to my Mom & uncle as tenants in common. When my Mom died it was left to my Dad & ultimately was left to my sister & I. My uncle still resides in the upper portion of the house. My question is: Do we all own one-third of the entire house or one-half of one-half?
2 Answers from Attorneys
Re: Deed
Based on the limited info, I would have to say you and your sister own 1/4 and your uncle owns 1/2. However, you would need to review your mother and father's will to see how the property was bequeathed. You should also be able to check the deed which recorded your interest in the property.
Re: Deed
If I make certain assumptions based upon the way that you pose your questtion then, under Massachusetts legal theory, your uncle owns 50% and you and your sister each own 25%. To make sure that these basic legal principles apply in your particular case, you should have a real estate lawyer review the pertinent documents. Murray Davis (781)593-7379.
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