Legal Question in Wills and Trusts in Massachusetts
Inheritance
OK.....Long story short. In 1985 my paternal grandparent signed their house over to my father to avoid losing it in the case they became disabled in their old age. My parents divorced in 1995, and, as part of the divorce agreement, my mother agreed to let my grandparents stay there and, when they died, it would be sold and split. In 2000, my grandparents asked for the house back. My father signed it over to them. In turn, they signed it over to my brother and cousin. My grandfather died, and my grandmother moved in to a assisted living facility. My cousin said he wanted the house, and would pay my brother half. He moved in to the house in 2002 and has been there since. When my grandmother died, Christmas 2004, my mother learned what had happened and took my father to court. Do my brother and cousin legally own this house? My cousin has been living there expense free for 3 years and claims he can't get a mortgage to pay my brother because there is a ''cloud over the property.'' Is there? I say this is done, and all my mother can do is sue my father for what he cheated her out of. I am so mad my brother is getting cheated, and think my cousin is lying. HELP!!!!!
2 Answers from Attorneys
Re: Inheritance
The problem is complex and starts with the Separation Agreement. There is an issue as to your father's real ownership interest in his parents home. I assume the cloud on the title was the result of your mother's attorney's actions.
I would suggest your father brother and cousin get attorneys.
Your mother's claim may be limited to the value of your father's interest. If your father understood he was holding title in effect as a nominee and would take ownership upon your grandparents death unless they asked for it back, then your father may not have had true ownership.
One simple solution would be for your cousin to pay your mother the money he was going to pay your brother. This would require your brother's consent.
However, this could get expensive for both your mother, father and cousin. Unless there was something recorded and your mother may not be able to recover the 1/2 interest in the house, but will be entitled to that amount from your father.
Re: Inheritance
If your father and your mother SIGNED a document stating that the house was hers and would be sold on your grandparents' deaths, then you mother has a case. Your father could not legally sell or give away what he no longer owned.
A "cloud on the title" means that there is some legal issue which does not give the person applying for the mortgage good enough title for a lender to risk its money on a mortgage. Therefore, your cousin may not be lying about at least one thing -- he tried to get a mortgage and was told that he might not be the owner.
I'm afraid your mother's only choice is to take her separation agreement and copies of the deeds (which are available at the Registry of Deeds) and see a good real estate lititgator about title issues and getting your father and/or cousin to pay up.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
