Legal Question in Real Estate Law in Massachusetts
Dividing of Deceased Grandfathers Farm
This relates to my deceased grandfathers 63 acre farm in Massachusetts where my Uncle currently resides. According to quitclaim deeds my Mother owns one-third and my Uncle owns two-thirds. If my Uncle decided to sell this property what rights does my mother have? This property is not divided and has never been surveyed to be split into thirds. Who decides what acreage is who's and how can my Mom protect her best ineterests.
3 Answers from Attorneys
Re: Dividing of Deceased Grandfathers Farm
Hello and Thanks for your Inquiry -
My name is Len Foy and I am a real estate attorney with Gould & Gould, with offices in Methuen Massachusetts & Londonderry NH. Our office telephone # is (603) 434-3437, my cellular # is (603) 978-0421 and my email address is [email protected].
I'm not sure whether you've been able to locate an attorney, or whether questions regarding your deceased grandfather's property have been answered, but if you'd like you can contact me directly and we can discuss these issues.
Regards and Good Luck -
Len Foy
Re: Dividing of Deceased Grandfathers Farm
Assuming your Mother owns an undivided one third interest as a tenant in common with your unclwe and can not work out a fair arrangement with him, she might contact an attorney about filing a Petition to Partition the Property.
Re: Dividing of Deceased Grandfathers Farm
Assuming your mother has a valid 1/3 interest she would be entitled to one third of the net proceeds from the property.
If your uncle and his wife wanted to sell the property and your mother did not, then they could file a petition to partition the property or vice versa.
I hope this is helpful to you. If you have additional questions, please contact me.
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