Legal Question in Real Estate Law in Massachusetts

tenant in common property

My 84 yr old mother has lived in her house since 1948. she put her significant other on her deed in �67 as tenant in common. (he never lived with her, he had his own house) he died last year without a will. His nephew wrote his brother that George wanted his half of the house to revert back to her. It�s not notarized. Is this a worthless piece of paper?

I understand his brother is entitled to half her house. He has sent out a real estate agent to her house.

A.can he force her to sell

B.can she collect half the taxes on the property without being forced to sell the house.

C.Is there a statute of limitations if she doesn�t ask him to pay half the taxes.

D.Would she be able to get money for major house repairs

E.If she dies before anything happens, and I, her daughter, have to sell the house. What do I have to do?


Asked on 7/12/08, 5:12 pm

2 Answers from Attorneys

Re: tenant in common property

There are a variety of issues and questions that arise here. First why was he put on the deed, gift or payment. Second, did the deceased ever pay anything for the property including taxes, mortgage interest.

The notarized letter is not binding in probate, but it may reflect the understanding of the parties at the time.

If you would like to discuss the matter without obligation, please call me.

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Answered on 7/12/08, 6:11 pm
Joseph Murray Joseph M. Murray, Esq.

Re: tenant in common property

Retain an attorney to assist you with this matter which is too complex to resolve on line.

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Answered on 7/12/08, 10:21 pm


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