Legal Question in Wills and Trusts in Massachusetts

Home Inherited

My parents inherited a home, however; it has come to light that they are only 1/2 owners because the deed did not show jt. tenancy.

Deed read:

Mrs. Jane Doe and Mrs. Nat Does

Mrs. Doe and Mrs. Does are mother daughter. Daughter predeceased mom - leaving her 1/2 to husband. Husband predeceased his mom - leaving that 1/2 to mom. When Mrs. Does mom-in-law died, her 1/2 went to 3 neices.

Mrs. Jane Doe did not know that she did not own 100 %, and none of the Does relatives are aware they own 1/2.

The advise we have gotten is to file a petition for partition. This doesn't seem right. It seems like the deed was recorded incorrectly originally. What would the best thing be to do to regain control of the home that was willed to my parents.


Asked on 2/06/07, 3:43 pm

2 Answers from Attorneys

Re: Home Inherited

The advice you have been given may not seem right, but the 3 neices own half of the property. You have two choices try and buy-them out at price you find acceptable or file a petition to partition the property to sell it. 1/2 will go to your parents and 1/2 will go to the 3 neices after expenses.

If this is your parents home, buying the 3 nieces out would probably be best. Absent a document that indicates that it was the intent of the daughter to leave the mother her half or that the daughter was placed on the deed to allow the daughter to inherit the home if the mother died before the daughter, there is nothing one can do.

You need some proof that the Daughter's interest was not intended to pass to her husband but rather to her mother.

Otherwise, you have received what seems like reasonable advice.

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Answered on 2/06/07, 4:15 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Home Inherited

You would have to set up a situation by deed where the different shares get together so that it becomes the entity that you want. You would also have to get the cooperation of the parties.

This could mean buying the shares of the others. Failing that, it become a question of taking out the money from the share owned. If this is undoable, then you may be forced to file a complaint for partition in the probate court.

You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.

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Answered on 2/06/07, 4:32 pm


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