Legal Question in Real Estate Law in Massachusetts
Hi there! I am currently live in Massachusetts. I got a question about my parents property. The property now is under my name and my sister's name, but can my brother sue for a part of property when my parents are gone.
3 Answers from Attorneys
In most situations like this the brother has no reason to sue. But of course it depends.
Anyone can file a lawsuit, but it requires at least a good faith belief and demonstration of some proof to do so. In this case, your brother would have to show you and your sister engaged in some sort of undue influence or fraud.
If it is true that you and your sister own a home together, your brother should have no claim or right to the property. I am guessing there is something more going on here. You say you and your sister own it, but you call it your parent's house. If there is ambiguity in your question, there will be something to litigate over.
My advice would be to get everything settled and cleared up now while there is still time - your parents have the opportunity while they are alive (if they are alive) to make their wishes clearly and expressly known with the help of an estate planning attorney. The goal should be to avoid a costly and painful litigation battle that uses up the family estate.
Please call me if you or your parents need some help in this.