Legal Question in Wills and Trusts in Massachusetts

Re: Estate With No Will

Your question implies that the property was held by the parent and the three siblings as joint tenants with right of survivorship; or, that the property was held by the three siblings as joint tenants with right of survivorship, and the parent had reserved a life estate. If so, upon the parent's death the siblings are then owners of a shared interest in the undivided whole of the property. Any and all of the joint owners is/are entitled to use and enjoyment of the property. In short, none need pay rent to the others. However, even though there is no legal obligation to do so, in situations like this, as a courtesy among family members, the occupying siblings will generally voluntarily pay the taxes, insurance,and utilities while they occupy. An interesting point is that all the joint owners are equally liable for these carrying charges of the property. Upon sale, all are equally entitled to the proceeds. But only the siblings who have actually occupied the house as a principal residence may be entitled to claim a capital gains tax exemption. There are ways to force a sale or partition of the property. If you would like to discuss this further, feel free to contact me.