Legal Question in Wills and Trusts in Massachusetts

Re: jointly owned inherited property

My condolences on the loss of your Mother.

If the property is owned by the estate you can petition the court for a license to sell it to pay expenses.

If title is in the name(s) of you and your siblings and you can't collectively agree on its dispostion you can file a Petition to Partition the property to force one or more of your siblings to agree to a sale or to buy out rhe others' interests.

Good Luck!

Re: jointly owned inherited property

If you do not already have an attorney to represent you as you carry out your duties as executor, I would first suggest that you retain one. The attorneys fees are paid by the estate, not out of your pocket.

Your job as executor is to deliver the property to its intended beneficiaries, i.e., you and your brothers. Your brother may either: (i) agree to sell the cottage, or (ii) agree to purchase out the interest of the others. If you cannot agree to an appropriate buyout of your respective shares, you are entitled to bring a Petition to Partition, and the court will force a sale of the home.

Please feel free to contact me if I can be of any assistance.

Re: jointly owned inherited property

If the property is in the estate, then you can sell it. If however, the property is in the name of the four of you, you cannot sell it as executor.

You can however file a petition for partition and force your two brothers to buy you and your sister out or sell the property.

I would suggest you contact an attorney to find out your exact options.

If you have additional questions, plese do not hesitate to contact me.