Legal Question in Real Estate Law in Massachusetts

Unable to convey property from my Mother's will

My mother left me land in another state. I have other siblings and the will was contested by one sibling and the court upheld the original will. My question is another sibling, who is the executor refuses to sign of on the deed. I'm dealing with laws in Massachusetts and laws in South Carolina. Massachusetts laws have no jurisdiction over property in South Carolina and this land in question was not included in the inventory list that was filed in Massachusetts. I was told by my lawyer in South Carolina that I need to file a petition for an appointment fo a special administrator in South Carolina. My question is who should I contact? Another lawyer in MA or SC. My brother is not cooperating at all


Asked on 6/19/08, 9:55 pm

1 Answer from Attorneys

Re: Unable to convey property from my Mother's will

You do not tell me where the estate is being probated. Assuming it is in MA and the property is in SC, you have two choices;

File a Pettion in SC and as suggested by your attorney there, which has jurisdiction over the SC property and obtain certified copies of the documents required by the court (ask the SC attorney).

Or file a petition in MA asking the court to appoint someone as special executor to allow for the transfer of the property.

The first is probably easier. You do not say how long the estate has been open. If less than a year then there is an issue of distribution before all claims have been made.

Please feel free to contact me if you have more questions.

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Answered on 6/19/08, 10:07 pm


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