Legal Question in Real Estate Law in Massachusetts

Please accept my condolences.

Your rights with respect to your mother's house depend upon the answer to a number of important questions. First, how was the house titled when your mother passed away? Next, did your mother have a valid will in place when she died? Is your mother survived by a spouse? If your brother is actually the owner, how did he come to own the property? Is your mother's estate subject to the estate tax? From whom or from what is your brother trying to protect you?

You need to have a conversation with an attorney and discuss the answers to these and other questions about your mother's estate. Your brother is well-advised not to take any hasty action, as he may cause complications and further estate expenses.

Please don't hesitate to contact me if I can be of any assistance (617) 357-4898.

I am sorry for your loss of your Mother.

If your brother has a deed to her house, you need to retain an attorney to search the title to determine how he got title and be sure it was not a gift from your Mother to him with stipulations that may be considered a gift in contemplation of death that may allow the estate tax bureau to consider the full equity value in her estate for estate tax purposes.

Any division of your Mother's assets should only be done after consulting an attorney to avoid unforseen estate tax consequences. Good Luck!