Legal Question in Wills and Trusts in Massachusetts
My Grandmother died in June 2009. In January of 1992 she executed a quitclaim deed to herself for her use during her natural life and at her death to my mother and my aunt. My Grandmother and mother were/are MA residents. My aunt was a resident of Oregon.
My aunt predeceased my grandmother in February of 1999 leaving everything by will or beneficiary designation to her husband, my uncle. My uncle predeceased my grandmother in May of 2008. Everything of his went to his daughter, my cousin. No action was taken regarding the remainder interest in the quitclaim deeded property in MA or OR (no taxable estate for either aunt or uncle - even if 1/2 value of remainder in MA real estate interest was included. nor for grandmother)
Now we want to sell the house in Massachusetts. No one is arguing over ownership. My cousin has granted me a Ltd PoA to deal with all issues related to the estates of my grandmother, her mother and her father including dealing with real estate.
The first Lawyer said we needed to probate my aunt'ss estate in MA court to clean up the title for sale in MA, but he started BEFORE my uncle died and it was several months between communications (returns of calls or emails) so he was let go. A second say's that the quitclaim deed is deemed a transfer by trust, that aunt and then uncle had an interest in trust but didn't mention it in their wills, and as there was no mention of who gets it if aunt dies in quitclaim deed it passes by MA law of intestacy to my cousin and we only need to file the affidavit w/ the registry of deeds.
One version seemed like too much (time and requirements), the other too simple, so I'm asking here before starting yet another relationship with another attorney.
All three were very small estates and we don't want to go broke on (more) legal fees. Meanwhile, my cousin is ill and we don't want this to take forever.
What really is required to clean this up?
Thank you in advance
2 Answers from Attorneys
One way forward would be to record certified copies of the death certificates of both your uncle and aunt.
Then if the Uncle and Aunt's estates were probated in Oregon, obtain a certfied copy of the appointment of Executor and Administrator and that they indicate who the sole beneficiary of the estate was the Uncle and then your Cousin. Then file a Petiton with the Probate Court where the property is to place title in the name of the cousin. This will clear the title issue.
Alternative is file a Petiton to clear title in Land Court to clear title but that could take longer.
You should sit down with an attorney. This is a complicated situation that really depends upon the specifics (who passed away when, what interest in property did they have, and what, if any, testamentary instruments determine distribution).
Depending on the specific facts and time line, either attorney may be correct. Specifically, if there were no wills involved, the property will pass under the laws of intestacy here in Massachusetts. It would be impossible and dangerous to provide a legal opinion without all the facts. Feel free to bring everything you have into my office for a consultation. I am sure my office can effectively assist you in readying the property for sale here in Massachusetts.
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