Legal Question in Real Estate Law in Massachusetts

Re: Husband inherited a house with brother-he does not want

The first issue that must be determined is whether your brother in-law is the owner of the subject property or if he is a co-owner with your husband. It is possible that the document your husband signed absolved him of all his rights in the property. This would mean that he would not be responsible for any of the tax debt on the property. However, it would also mean that he has no influence on the outcome of the home.

If your husband does have an interest in the property your husband must decide whether he wants to keep the property or simply let it be sold to cover the taxes. It may be possible for your husband to pay the back taxes and then sell the home on his own. If the town sells the property (usually for considerably less than a private sale), the revenue from the sale will be used to pay the taxes and any other debt on the home. The owners of the property are entitled to any money left over.

Re: Husband inherited a house with brother-he does not want

the facts as given are a little confusing. If you are talking about your own home, then you need to pay the taxes.

If you do not want the house lost, pay the taxes before the sale is complete. It is unlcear in whose name the Home you are worried about is in, if it is yours and the brothers then pay the taxes to avoid adverse credit impact.

Your husband's brother's failure to pay his own taxes has nothing to do with you or your husband. The tax authorities if they are going to seek money from him will only go after his assets.

I suggest you contact and attorney ASAP.