Legal Question in Wills and Trusts in Massachusetts

My dad recently died and left his house to me, via his will. However, he left a life estate to my aunt. My aunt lives in the house now but is not paying the taxes and insurance. She feels that she doesn't have to because she does not own the house. How can I make her pay it? Can I terminate the life estate? Does a new deed to be recorded detailing the life estate? If a new deed was not recorded after my father's death does that mean she has no life estate?

Thanks


Asked on 9/26/09, 9:14 pm

1 Answer from Attorneys

The issue here is what she is entitled to under the life estate. I assume the life estate was creaed by the Will. If that is the case you might ask the Probate court to determine what the aunt's responsibility is as part of the life estate.

Look to the language of the Will for guidance absent that you will need seek clarification either from the Probate Court if the estate is still open or from Superior or Land Court as to each of your relative rights. I suggest you contact an attorney ASAP.

Read more
Answered on 10/01/09, 9:48 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts