Legal Question in Wills and Trusts in Massachusetts

This question has been here for awhile, not sure if you sought out other advice, but some words of wisdom might help you or others. If you and your brother truly own the house jointly, from an estate, that is perfectly acceptable. The girlfriend however, does not have any rights to the home, merely because her son (the nephew) lives there, or stays there periodically. You are in a tough spot though, because your brother can give her permission to enter the home, either by giving her a key, or just letting her in.

A solution: Rent the house from yourself and your brother. Create a simple lease (maybe ask an attorney for help). You pay all the bills, technically your brother should be paying half of all bills/maintenance. So sign a lease stating you will pay your brother's share of all household bills for the sole right of occupancy over the home. Now you've established a legal ownership over the whole home. Change the locks (if she has a key). You get to decide who comes into your home. He no longer has any right to live in the home. You can still allow him to stay there as a guest with your nephew, but you'll have to be more assertive in asking her to leave. At least now, if you needed you could resort to police or legal intervention to remove her, as you are the sole resident of the home and have a legal lease to prove it, regardless of what the deed says.