Legal Question in Real Estate Law in Massachusetts

Re: Updating deed after spouse death.

You need to execute a new deed from yourself as widower to yourself and your sister. I suggest that you hire a lawyer to do this properly.

Re: Updating deed after spouse death.

I think that's right that they would not attempt to give you an answer. There are many possible answers for what's involved. You ought to have the advice of an attorney to support your decision; there are various ways to "share" property and pitfalls for each. There are also many ways to make a mistake and cause someone severe headaches or legal costs down the road.

Is your sister living with you now? Was your wife a "tenant by the entirety" on the prior deed or a "tenant in common" and if the latter, does the property get a step-up in tax basis as a result of her passing? Hold old are you? Do you have children? How old is your sister? Why do you want her name on the deed, and do you want her to have survivorship rights or just an undivided but equal severable share?

The net result might be a fairly simple document and a few procedures to follow meticulously, but you ought to review your situation with an attorney.

Is the land registered? Did you wife's estate file a 706 tax return? What town or city are you in? I can probably handle this for you painlessly and quickly if you're in the Easter half of the state, or Worcester County. Give me a call at (617)527-0050 or e-mail the answers to all the questions I asked and I'll see if I can help you.

Re: Updating deed after spouse death.

I'm going to the Registry in two weeks to do this same thing for a client just widowed. Let me know where you are and if I can help you at the same time. (I'd appreciate hearing either way.)