Legal Question in Wills and Trusts in Massachusetts

Estate...Wills

I am co-owner with my mother of a property. In her will she decided to name my brother as executor. Will I be forced by him to sell the property? Can he do that? What can I expect?


Asked on 8/04/06, 1:34 pm

2 Answers from Attorneys

Peter Smith Smith & Janian, LLC

Re: Estate...Wills

Depends "how" you own the property with her. Are you joint tenants or tenants in common? Feel free to e-mail me directly. [email protected]

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Answered on 8/04/06, 1:36 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Estate...Wills

I agree. If the title is designated in any other way where the property is yours when she dies, and/or the will does not leave you her share of the property, then her share goes somewhere else. The person that gets part or entire share can force a partition, or the sale of the property. You can, in some instances, buy the share you do not own, or have a right to buy it. You should speak to your mother, and make sure that she is aware of your conerns. If there are to be any changes made, this may be the time to do so. If you have any questions, please call or contract me.

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Answered on 8/04/06, 3:25 pm


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