Legal Question in Wills and Trusts in Massachusetts

You don't mention where in the estate administration or probate process the estate may be, or who is the executor or administrator; or if there's a will which leaves the house to both children or just the one; or if there are assets in addition to the real estate. It's not really possible to answer your question without this and other information.

As a practical matter, no one should do anything to the house beyond what is absolutely necessary for safety and basic upkeep (i.e., replacing broken windows, refilling the fuel tank, etc.) until such time as the estate has been admitted to probate and an executor or administrator appointed. After that, wills will govern disposition. If there is no will, the property is held as tenants in common, and either heir may force a sale or buy-out.

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Please feel free to contact my office if we can be of assistance.

I agree. Whose name is the house in. Is the estate probated. Why is this an issue.

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I agree. However, if the property was left to them as part of a deed, mother retained a life-estate and the children took title on her death then probate is not the relevant issue. Then the property is treated as owned as tenants in common.

If the property is owned as tenants in common, then the Sister can make repairs but she cannot force your husband to pay half. She can recover upon sale the cost of the repairs, if they are not mere maintenance. Mere maintenance would be touching up paint and cleaning. Repair would be replacing or patching a roof.

Regardless, I would not do anything without at least consulting local real estate agents as to what is essential and what the impact of such things would be on both the sale price and speed to sell.

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