Legal Question in Real Estate Law in Massachusetts

I would strongly encourage your mother in law to schedule an appointment with an estate planning attorney. If your mother in law does not prepare a will or otherwise transfer the property, the three boys will inherit the property. Assuming no other survivors, the three boys would inherit the home in equal shares. The chances that all three will be able to agree on exactly how to manage it, and have the resources to split all repairs and costs equally three ways is slim. With a will in place, the mother in law could specifically instruct what is to become of the property, whether the house is to be sold, and what is to be done with the proceeds, along with the rest of her estate. There are a number of moving parts here, and transfers of property can have consequences (including tax liability, capital gains, medicaid, etc).

Our office charges a reasonable consultation fee, which can be incredibly educational. In the event that we are hired to prepare a will or more comprehensive estate plan, the consultation fee is credited to your bill. I invite you to give us a call.