Legal Question in Real Estate Law in Massachusetts

I\'ve inherited property through my father\'s will. The property is located in Massachusetts. The lawyer for the Estate has provided me with the various documents evidencing that I am now the owner of the property. MA does not require that a deed be issued when property is inherited. I would still feel more comfortable if there was a new deed on the books.\n\n1) How would the new deed be written? Is it from the Executor to Me?\n\n2) Which type of deed should be used? Does Massachusetts accept an Executor\'s deed?\n\n3) Every type of deed I have seen requires that an amount be entered for consideration. No consideration was paid because I inherited the property. How should this portion of the deed be entered?\n\nThanks for your help!


Asked on 7/31/09, 2:14 pm

3 Answers from Attorneys

If you are filing a confirmatory deed signed by the executor to you, you would state that the consideration is $100 or less so no stamp fees would need to be paid. I assume the documents you have are an order from the probate court transferring title to you and that order is recorded. Normally, that is sufficient to show title has passed.

It might be just as effective and in fact a bit more beneficial to have an owners title policy issued showing you have good title to the property rather than filing a new deed. An owners policy costs $4.00 per $1,000 of value. It would provide protection to you if and when you decide to sell the property.

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

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Answered on 8/05/09, 2:27 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Also to be filed is a certified copy of the death certificate.

With no filing, there is no link for you in the chain of custody.

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Answered on 8/05/09, 10:31 pm
Joseph Murray Joseph M. Murray, Esq.

I am sorry for your loss of your father.

As long as his death certificate is properly recorded and the probate of his estate is on record title will be in you without a deed.

If you wished to convey title into a trust for example that would require a deed from you to the trust.

Meanwhile you might want to purchase an owners title policy showing you have good title to the property rather than filing a new deed. at a cost $4.00 per $1,000 of value.

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Answered on 8/07/09, 9:22 pm


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