Legal Question in Tax Law in Massachusetts

A child inherits a 2-family home when she is 2 yrs old. The will states the child's grandfather reserves a life estate with rights to rent it out and control the property so long as he maintains it's upkeep, pays insurance and all associated costs. The child's grandfather lives in the house for 4 years, allows it to fall into disrepair, and never pays one single tax bill although he collected rent money the entire time for one floor. After 4 years go by the grandfather calls the child's mother and says he bought a house, and the inherited property is all theirs. He never bothered to mention that there is already a $20k+ tax lien on the house and a tax taking had already been filed. The child's mother knew nothing about the past due taxes until over a year later when she found paperwork in a drawer. Child's mother can not afford the tax bill and necessary repairs. Eventually the city forecloses on the tax lien and throws them out of the house. The house was sold last year after the city took possession and renovated it. Sadly the one person that lost everything was the child that was not even old enough to realize she owned anything. I would like to know if the child has any rights to recover anything from the grandfather because he initially ran the bill up so high and never notified the child or her mother.


Asked on 11/06/11, 5:57 am

1 Answer from Attorneys

The grandchild may have a lawsuit against the grandfather for wasting the assets of the grandchild. He had an obligation not only to pay the taxes but to notify the child's guardian of his inability to maintain the property.

More information is needed to determine if the case is worth pursuing.

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Answered on 11/07/11, 11:05 am


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