Legal Question in Wills and Trusts in Massachusetts

Contracts in Massachusetts...worthless?

I am currently in a dispute over property

in Massachusetts...my Aunt (1/2 owner)

is suing my sister (1/4 owner) and

myself (1/4 owner) for money she

believes we owe her for care and

maintenance of the property. Prior to

the sale of the estate we all agreed on

an amount to be paid to my Aunt upon

sale of the house ($20,000 total from

me and my sister). However, when the

house sold, she then raised the amount

of money she wanted from my sister

and myself for her care and

maintenance. We of course didn't give

her the new amount, but were perfectly

willing to give her what she agreed to in

the contract. She wouldn't accept this

and now we are in a law suit.

My question is; how did it get this far? I

live in California and have NEVER seen a

case involving a signed contract take so

long to resolve. It's been almost two

years now, of the $40,000 put in an

escrow account after the sale, my Aunt

has recovered her half and my sister

and I are not allowed access to our half.

Maybe because my Aunt initiated the

lawsuit?

Are contracts worthless in

Massachusetts?


Asked on 9/14/06, 7:55 pm

2 Answers from Attorneys

Re: Contracts in Massachusetts...worthless?

Contracts are valid and enforceable in the Commonwealth of Massachusetts. There may be more facts to this case then you are able to relate in a single e-mail. I am willing to discuss the matter with you further and in more detail.

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Answered on 9/14/06, 8:06 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Contracts in Massachusetts...worthless?

You are asking the wrong question.

What you should be asking is the agreement that I had enforceable as a contract. You have not stated if the agreement was in writing or just verbal. This could make a difference. I sense your anger that what was promised is undermined, and the new conditions are different. This is indeed a sorry state.

As Mr. Weicker stated, the information you gave is somewhat incomplete, and since you are 3,000 miles away, difficult for you.

However, if you want to explain the agreement, and provide more information, I willbe glad to give you my opinion. You can contact me at my office.

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Answered on 9/14/06, 8:15 pm


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