Legal Question in Wills and Trusts in Massachusetts
my grandfather died in 1970s with no will he had four children they are all deceased i am one of four grandchildren andwant to get title to his house i currently pay the taxes on the property thank you jim in mass
3 Answers from Attorneys
Thanks for your question Jim. Assuming that you have a current ownership interest in the property, you will need to buy out the other co-owners. If they will not agree to sell their interests to you, you will need to file a petition for partition. In a petition for partition action, you are requesting that the court order the sale of the home and divide the proceeds. I have handled similar petitions, and would be happy to speak with you about the process.
I've handled a similar title mess before. Trust me, this is a potential mess. If your grandfather died without a will -- and presumably a widower -- then each child inherited a 1/4 share of the property as tenants in common. You need to pull the probate file for each child's estate -- if the estates were probated at all. If they weren't you'll need to open probates. It will get messier from there, and you'll likely need to buy out your cousins or file a petition for partition.
Good luck.
Dear Jim:
Retain an attorney to determine the status of the title and to negotiate buy out arrangments with your cousins as needed and perhaps to file a petition to partition if they refuse. Good Luck!