Legal Question in Real Estate Law in Massachusetts

My husband and I built a house with an inlaw setup. My inlaws put in the money for there side, but the deed is just in mine and my husbands name, which was what my father in law wanted. We created a will so that if something happened to me and my husband, that the house would be sold and a certain percentage would go to my kids and the rest would go to my in-laws. Somone told my father in-law that he needs to put his name on the deed to protect his investment in the house. I was under the assumption the will would handle this, plus what kind of issues will I run into, putting his name on the deed if something medically is to happen to him? Need some advise.


Asked on 4/01/10, 10:46 am

1 Answer from Attorneys

Your father-in-law does not need to put his name on the deed, but if he does he should do so only as a life estate. The issue here gets into gift taxes and other issues. If he puts his name on the deed you need to be careful the way it is done. Also, if there is a Mortgage on the property, you would need the lender's consent.

If your father-in-law is concerned about protecting his interest in the home it can be done, but it should be done in such a manner as to make things as easy and protective of all as need be.

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

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Answered on 4/06/10, 10:54 am


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