Legal Question in Wills and Trusts in Massachusetts
Estate\multiple owners\occupancy
basically, a property was left to 7 people, and one of the people has moved into the estate and calls the police if any of the other owners even step foot on the property....what is the proper way for all owners to gain access to the property and prevent on of the owners from living there any longers?
thank you
2 Answers from Attorneys
Re: Estate\multiple owners\occupancy
Housing court action to evict for non payment of rent to the remaining owners, OR land court action to partition and sell the property.
Re: Estate\multiple owners\occupancy
Assuming that the 7 are legally entitled to share the property, there are several options. If the estate has not yet been probated, this should be done as soon as possible. The executor or administrator will then have authority to act for the estate of the deceased.
The squatter has the right to live at the property, as do the other 6 owners. Therefore, s/he cannot claim that the others are trespassing (assuming that is the claim made to police). Any one or all of the remaining six co-owners can file a partition to partition the property in the probate court to force the sale of the property.
I strongly recommend that you obtain legal advice and proceed as soon as possible on this matter. Please contact me if I can help you with this.
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