Legal Question in Wills and Trusts in Massachusetts
How can I find out if there is an estate or if someones estate is in probate in Hampden County, Mass. I do not live in Mass and it is too far to travel to check myself. The records for Hampden County are not accessable on-line.
I have sold real estate to a man that claims he is waiting for an estate to close in order to buy the property I own and it is becoming a burden for me to keep waiting for him. Any help is appreciated.
3 Answers from Attorneys
Hopefully, you have not signed the deed over to him yet. There is a way to check, but someone has to physically go into the Probate Court to look it up.
You may want to have an attorney go into court to verify that the estate has been opened up. You would have to provide the attorney with the name of the deceased, or the name of the executor. If it turns out that it hasn't been opened, you may want to exercise your rights to rescission under the Purchase Agreement (or sue if you've already transferred title).
It would be a relatively small fee to have this checked out for you, which could save you thousands in the long run.
You could try calling the Hampden County Probate Court and asking a clerk for that information. You could also ask your realtor, if you have one, to go to the court for you to check it out. You should also check your P & S. I am guessing there is language in it concerning delays.
You can call the court or call the registry of deeds and hire a title examiner to look it up for you.