Legal Question in Real Estate Law in Massachusetts

Quitclaim deeds

My father passed away leaving his house to me. Our lawyer went through the courts and the will was probated. The deed to the house is still listed with the town as ''the estate of ...'' will a quit claim deed allow me to get the deed listed in my name so we can use it as collateral to get a home improvement loan? All the information I can find so far talks about selling and buying a house, not about inheriting, and our lawyer will not give us any more direction. thanks for any help.


Asked on 1/10/03, 9:14 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Quitclaim deeds

The Town does not necessarily list the property in the name of the owner. Ownership of land in Massachusetts is the result of a historical record. The Town does not properly investigate the title. Some states give a deed of descent when a person inherits the property. Massachusetts does not. As a result, the Town is aware of the death but has not examined the records of the registry of probate which is necessary to determine the owner. You can use the property as collatoral based on the historical record.

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Answered on 1/13/03, 10:22 pm


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