Legal Question in Wills and Trusts in Massachusetts

: My dad died.

It depends on what the deed says, not what the mortgage says.

If you have questions, contact me.

Re: My dad died.

Title to real estate passes by will or the laws of intestacy. If your father had a will, then the will controls. The other way that real estate can be owned is if a deed was executed before death. The fact that a person lives in the property or co-signed a mortgage is not relevant. However, it is possible that a deed was signed at the time your brother co-signed the mortgage and he may own all or part of the house as a result of a deed. You can check for such a deed at the registry of deeds.

Re: My dad died.

It depends what is written on the deed and if it was your father's intent to give your brother the home.

The mere fact he may have co-signed the note, does not mean the home is his. It depends on how the deed is written.

You can go online and search for a copy of the last deed at the county registry of deeds. That may answer the question. if his name is on the deed, you need to know if it is as Tenants in Common or as something else. If as a Tenant in common, half the home is his and the other half is in the estate.

Please feel free to contact me by telephone if you have more questions.

Re: My dad died.

Please accept my condolences on the death of your father.

Being a cosigner on a mortgage only makes one responsible for paying the debt. The real issue is whether your father also changed the DEED.

You can check at the Registry of Deeds to see if any changes were made. If he changed the deed, then the law presumes that your father knew what he was doing unless you can show that he was either under undue influence or not mentally competent.

If no changes were made, someone will need to file a petition to administer the estate with the probate court for the county in which your father lived. Assuming the house is the estate's only asset, either the house will need to be sold or your brothers will need to buy out your interest before the estate can be settled.

Please feel free to contact me if I can be of assistance.