Legal Question in Wills and Trusts in Massachusetts

forcing sale of property

14 years ago my brother and his wife convinced my mother that she should put property in children's names and create a life estate without the knowledge of myself and my 2 sisters. My mother webt along with it saying she believed it was for her protection and not realizing that she was giving away all rights. Three years ago, she decided she wanted to revoke the life interest and gain her property back. My sisters and I were willing to sign off. Brother refused. Attorney said it would be too costly to fight in court and she would most likely lose. Since then, she and sisters have granted all interest to me. I care for mother. Things have become very expensive and mother has difficult time making stairs,etc. We wish to sell the property and purchase on all on one level for her.

Mother told son what she wishes to do and he refuses to allow sale of property. he'' does not want his money now''. He owns 1/8th. Can we force the sale. He believe mother should go into housing for elderly. My mother is not senile she just has a hard time walking! She wants to move on. Can we force the sale?


Asked on 6/22/07, 7:40 am

3 Answers from Attorneys
Alexandra Golden Golden Law Center

Re: forcing sale of property

Yes, there is a process called a "petition to partition," in which you can force a sale. However, the process is not easy or quick, and has all sorts of legal and tax implications for everyone involved. than you may realize. Further, your mother may have some options to stay in the house by making adaptations.

I have practiced elder law since 1998. Please have your mother see an elder law attorney to review her options.

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Answered on 6/22/07, 7:52 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: forcing sale of property

forcing a partition sale is the solution. This would then either force the sale, or force the brother to sell his share to the others. The life estate will probably be impacted.

Should you need assistance, contact me.

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Answered on 6/22/07, 9:40 am

Re: forcing sale of property

You can file a Petition for Partition, you can also in that Petition that there was no intent to make a gift but rather the intent to provide for the inheritance of the home by will.

I would be happy to assist you in this process.

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Answered on 6/22/07, 9:56 am


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