Legal Question in Real Estate Law in Massachusetts

What happens when parent dies,has will but sibling won't leave home to sell?

We have an unstable 46 year old sibling living in our dad's home and has been for the last 4 years. Dad is in a nursing home but we don't think he will be with us much longer. The problem is even though dad has a will including all siblings to the home, our brother does not seem to want to ever leave. In fact, he hasn't maintained the home at all but thinks he is entitled to it. He doesn't pay rent but still believes he is owed due to the fact that he helped take care of dad for less than a year. He also stole alot of money from our dad but we have put that aside and tried to go on and forgive him. We just don't think he will willingly leave when the time comes and not sure if this will have to go to court?


Asked on 1/18/10, 3:23 pm

1 Answer from Attorneys
Jonas Jacobson Law Offices of Jonas Jacobson

This may become a landlord and tenant issue, as well as a probate issue. I work next door to one of the state's foremost specialists in landlord tenant law. Try and work the issue out with your sibling. If he will not peaceably leave, and or contests the will, contact me.

And sorry about your dad.

Read more
Answered on 1/28/10, 9:18 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts