Legal Question in Real Estate Law in Massachusetts

Petition for Partition - Estate Property

I am about the file a petition for partition as a 1/3 owner of my deceased mother'shome. My sister and family have been living in the home for 16 months rent-free and now that the house is finally on the market they are never available for showings, etc. It has been one game after the other. How long could it take for this to come to a close and because this is an estate are all 3 of us going to be responsible for legal/court fees?


Asked on 10/12/07, 10:57 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Petition for Partition - Estate Property

The american rule is that each party eats their own legal fees, unless there are rules and laws to the contrary.

From what you said, the only legal fees that are probably subject to division are the fees directly related to the sale of the house.

ok?

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Answered on 10/12/07, 11:17 am

Re: Petition for Partition - Estate Property

The american rule is that each party pays their own legal fees. The legal and other fees charged by the court appointed Commissioner. The court will most likely have the home sold at auction if the matter goes to trial.

If you have additonal questions please feel free to contact me without obligation.

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Answered on 10/12/07, 11:25 am


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