Legal Question in Wills and Trusts in Massachusetts

Deed transfer & Will made out but never signed

Neither document was signed.

Deed stated that one brother and I have the house, whereas the Will stated that the remainder of the estate is split among the other 3 of my siblings.

If the other 3 agree to sign off their rights to the house is it possible for us 2 to keep it ? Or do we have to buy them out completely ? What if 2 out of 3 agree ?


Asked on 2/22/06, 1:46 pm

2 Answers from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Deed transfer & Will made out but never signed

If the Deed and Will are not executed then they are not effective and are not legally binding. If there is no Will, then the laws of intestacy dictate the rights of the decedent's heirs regarding the property. It is always possible for heirs to agree amoung themselves how to settle an estate and/or buy each other out, but it is prudent to have at least one lawyer involved, and most likely a lawyer should be retained by each party.

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Answered on 2/22/06, 2:12 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Deed transfer & Will made out but never signed

If there is no signed deed or properly executed Will the property owned solely by the decedent would pass to heirs by intestacy. Those heirs can always reach ageement as to how their rights might be negotiated but should be guided by attornies. Good Luck!

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Answered on 2/22/06, 7:47 pm


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