Legal Question in Wills and Trusts in Massachusetts
My father, who passed in 2002, left a season cottage to me and 3 siblings. 3 of us have paid the bills while the 4th has paid next to nothing but practically lives there for 6 months. The 3 of us that always paid decided we weren't paying for him to live on the beach on us so we stopped 3 years ago. Now there is a substantial property tax bill that the town wants. The 3 who always paid want to sell before the town decides to take it, there is a tax lien on the property, the the 4th does not want to sell. Can I as the executor sell without his permission? (He would obviously get his fair share) The bills go to "the estate of R. Reynolds) we never put it in our names.
3 Answers from Attorneys
The four of you own the property together, in this very common and very difficult family situation.
Your brother can either buy the other three of you out, or agree to sell. If he will not agree to sell, you can bring a petition to partition on court. The court will order that the house be sold and the proceeds of any sale will be equitably divided. This can be a somewhat complicated process, and you are well advised to have counsel.
Good luck.
In addition to Mr. Vaughn-Martel's good advice, I strongly suggest that you pay the property tax bill. If you do partition, a portion of the payment would be assessed against the non-cooperating sibling.
It's a mess. Hire a good lawyer ASAP.
First, pay the tax bill as the safest way forward.
Second, I doubt the estate is still open and you need to deed the property to the for of you by reopening the estate or preparing a proper deed to convey title. Once conveyed, you file a Petition to Partition the property and have it sold. It is more expensive but the correct thing to do.
Alternative is to reopen the estate and seek an order allowing the executor to sell the property. Your 4th sibling may object, but it is doubtful he or she will succeed.
Good Luck
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