Legal Question in Wills and Trusts in Massachusetts
Deeded Property
My mother was sick in 1996 and deeded the house to my 4 siblings because they were still living there and we wanted to protect the house from being taken to pay for medical bills. Since then my mother has died. Am I entitled to any proceeds from this house if my name is not on the deed? Should I request my name be put on the deed now to protect my financial share in the future? Recently my sister has decided to buy out 2 of her brothers and says she will buy me out ''later''. Last thing I want to do is create any hard feelings, but at the same time want to know my legal rights. Thank you in advance for any help you can provide to me.
Regards,
--name removed--Harnedy
1 Answer from Attorneys
Re: Deeded Property
There is not much you can do as a legal matter. Whatever the reason for leaving you off, unless it involved some fraud or "undue influence," if you are not on the deed, you have no legal interest in the property. They certainly can all sign a new deed that includes you, but there is no obligation on their part to do so. And once the sister buys out the others, they will have no influence or leverage on her to "do right" by you.
Of course, their version of "do right by you" might have something to do with why you are not on the deed, and that will make it more unlikely.