Legal Question in Wills and Trusts in Massachusetts

My father recently pasted. 6 siblings now own the property.The house is vacant. I would like to move there. Can I legally do that? I do not get along with my siblings.What are my options?


Asked on 1/22/11, 12:38 pm

3 Answers from Attorneys

Paul Lancia Attorney Paul Lancia

Have the property valued and buy out the 5 siblings.

Read more
Answered on 1/27/11, 1:01 pm

Someone has to open an Estate and act as Administrator. The Adminitrator then decides how to dispose of the real estate.

As attorney Lancia suggested, buy your siblings out. You will still have to open an estate with the Probate Court.

Read more
Answered on 1/27/11, 1:11 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm sorry to hear about your father's passing.

This is a potentially difficult situation, and very common one among family members.

I agree that someone needs to open administration of probate in the courts. Once you are appointed administrator of the estate, you will have the power to deal with his assets, belongings, accounts, and property.

You should not unilaterally move into the home without the permission of your other co-owners. That is a bad idea. You have a couple options, but you should really sit down and explore them with counsel first.

One idea is to buy out your co-owner's shares. If this is not possible, you could sell the property and divide the proceeds equally. You could also get permission to live in the unit and pay "rent" to the estate or your co-owners.

The only wrong move is taking action without talking it over with your co-owners.

Read more
Answered on 1/27/11, 1:19 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts