Legal Question in Wills and Trusts in Massachusetts

My father inlaw died with no will. There was a piece of property in mass that is 50 percent hers and there are 2 other hiers. One of them is not responding to newspaper notice. How long do we wait for them to respond. What happens to his share if he does not respond. If my mother inlaw keeps the property and does nothing what happens.


Asked on 1/26/11, 3:54 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm not sure what you mean by newspaper notice. Are you referring to notice of the probating of an estate, or do you mean notice of filing a petition for partition?

If your co-owners are not responding, you have the right to bring a petition for partition here in Massachusetts. In a petition for partition, you are effectively asking the court to order the sale of the home and equitably divide the proceeds, if any.

If you would like the assistance of local counsel here in Massachusetts, please feel free to contact our office.

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Answered on 1/27/11, 1:12 pm


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