Legal Question in Wills and Trusts in Massachusetts

family home is left between 4 and one wants no part. Wants to be bought out but other 3 are cannot fianance it. He will not pay for any upkeep. How will it be shared when we do sell years down the road. Does he still get 25%?


Asked on 7/14/10, 2:45 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

For the very reason that you mention, I would not allow this situation to continue for several years. If the three of you cannot afford to buyout your sibling's 1/4 share, and are unable to obtain financing, I recommend keeping exceptionally clear records of any capital improvements and other major costs of maintenance of the property. Perhaps an agreement can be worked out for your siblings to buy out the fourth's interest over a period of time, or by applying rental income from the property toward acquiring his 1/4 share. I do not recommend doing this without an attorney.

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Answered on 7/14/10, 7:17 pm

The law provides in a petition for partition, whether done now or later, that the tenant in common who pays taxes, insurance and interest as well as improvements (generally not maintenance) are entitled to recoup those expenses from the proceeds of the sale before splitting the proceeds.

As suggested, you need to keep detailed records of expenses, improvements, tax payments etc If you rent the premises or occupy it, the rent needs to be applied against costs and then split equally.

You should know that the 4th person can file a Petition to Partition to force the sale of the property, should he/she want to do so.

If you can work out an agreement to avoid such issues becoming difficult you should contact an attorney for assistance.

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Answered on 7/14/10, 7:26 pm


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