Legal Question in Wills and Trusts in Massachusetts

Thank you for your question.

I'm sorry to hear that you have lost your mother. This is a very common situation, and one that can produce very strong emotions and disagreements. As a threshold matter, you most likely cannot (and should not) unilaterally sell the property out from under the other beneficiaries unless the estate is in dire financial straights and is at risk from creditors anyway.

Generally speaking, you cannot be forced to own property with others if you do not wish.

You have a couple options, and the best option may simply be the one that everybody can agree on.

You have an opportunity to purchase your other co-owners' shares of the property.

You have an opportunity to sell your share to your co-owners.

You can all agree to sell the property and divide the proceeds.

If you cannot agree to any of the above, you have the right to file a Petition for Partition in Court. Once filed, generally the court will proceed to force the sale of the property and equitably divide the proceeds.

I do not recommend doing this without an attorney. We are currently handling a great number of cases just like this on behalf of individuals, non-married persons, and estates. In certain circumstances, our office is willing to completely defer payment of our fees until the sale of the home.

I encourage you to give us a call to schedule a consultation. Best, Chris 617-357-4898.

The answer to your question depends on what the title says. For instance if the title says your mother and 4 children owned the home as Tenants in common, you as Executor can file a Petition for Partition and seek to sell the property.

If the property is not part of the estate then as a co-owner you can file a Petitioni to Partition the estate.

If you would like assistance please call me at 617.406.4647