Legal Question in Wills and Trusts in Massachusetts
My brother died without a will. Myself and 2 sisters are his only family. His house is going into foreclosure and his roomate still lives there. My mother deeded this house to him just before she died. I grew up in this house and have both personal and sentimental items I would like to recover. I have tried several times to contact the roomate to set up a time when I can go into the home and retrieve these items, but he has not called me back. I live in Maine and the house is in Mass. What can I do?
2 Answers from Attorneys
I'm sorry to hear about your loss.
If there is equity in your brother's house worth saving, I strongly suggest that you move quickly to evict the roommate and get the home marketed for sale.
You will likely need an attorney to bring an eviction, which you absolutely have the right to do. You will also need to probate your brother's estate here in Massachusetts, if you have not already done so, in order to obtain the necessary authority to deal with his assets and real estate here.
Please reach out to an attorney as soon as you can to see if a foreclosure can be prevented. Our office handles both probate of estates, as well as real estate and housing disputes, including evictions. I would welcome your call. 617-357-4898.
My condolences on your loss.
First, file a Petition to Administer your brother's estate. Contact the lender and explain your brother died and Probate is being opened.
Upon death, the mortgage is automatically in default.
You should evict the roommate and work on sale or refinancing of the home.
I suggest you contact an attorney to help with the Probate, the eviction and negotiation with the bank.
If you would like my assistance, please call me 617.406.4647.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
