Legal Question in Real Estate Law in Massachusetts

Family Divided

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Long and involved story. Two family home owned by my mother. My family and I live on first floor. Mom lives on second floor and allowed my sibling and family to move in with her, a long time ago. Over the years, one of my children, (now an adult), developed severe health problems. This person is disabled with limited mobility, asthma, and acute chemical sensitivities. The problem now is my sibling is insisting on making some cosmetic improvements, including painting. Mom has informed sibling that it can't and won't happen, but they have a history of control issues, so I'm not confident that my child's health and well being will be protected. What can I do?


Asked on 10/01/06, 3:01 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Family Divided

You will find that there is no easy answer.

What you did not tell me is if you are a tenant who pays rent or its equivalent, or even if you have any other interest in the propery.

From what you describe, you can do little or nothing. However, your mother is in a position to take action. You can support or assist your mother. You can even hire an attorney for her. She is in the position to act.

A person who is legitimately in use and possession of the unity can make cosmetic changes, especially painting. The only person who can stop him is the owner, or a person like your mother. The ultimate stop is to request or demand that the person vacate the unit.

Rsolving situations like this when family members are at odds with each other is painful.

There may be other facts or information that could lead me to see other options. If you have these, you can contact me.

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Answered on 10/01/06, 3:11 pm


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