Legal Question in Real Estate Law in Massachusetts

Is there anything illegal about keeping a property in the name of the deceased as long as property taxes are being paid? For example, if an heir cannot afford probate and no one is contesting that she is entitled to live in the house, is it okay to leave it in the deceased's name? I am curious about a property in Massachusetts. The owner died five years ago but it is still in her name. Thanks for any info!


Asked on 4/14/11, 5:57 am

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

No, it is not illegal.

The property belongs to the heirs of the deceased - all of them. The rights of heirs with respect to the property of the deceased is complicated. Although this individual's actions may not be illegal, her actions may be against the rights of other lawful heirs or co-owners. It might help if you clarify what interest you believe you have in the property. Feel free to contact my office if you would like to understand your rights or retain an attorney.

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Answered on 4/14/11, 6:07 am

No, its not legal.

More importantly if there is a mortgage in the name of the deceased you are in default and the mortgage can be foreclosed.

I suggest you contact an attorney for assistance as soon as possible. Feel free to contact me without obligation.

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Answered on 4/14/11, 9:23 am


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