Legal Question in Wills and Trusts in Massachusetts
morgage gone to the dogs/will buy out
My father has left my sister and I the family house in his will. My sister lives in the house with her husband and two kids. She lives in Mass, I, in san Francisco.I get a set sum of $45,700 at the sale of the house, or after 6 years. My sister has taken out a morgage on the house. I somewhat reluctantly agreed to that on the condition that all paperwork on the morgage would be sent to me. The only piece of paper that I signed was a piece of lined notebook paper that said: ''I, name, agree to the morgage, as long as everything is 100% legal.'' i then had that noterized and sent it to her. Now (finally) for my question. Can she refuse to disclose the info on the morgage to me? she does have controlling intrest in the house. Also: are there companies that would buy out my share for a percentage? Sorry if these are remedial questions.
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1 Answer from Attorneys
Re: morgage gone to the dogs/will buy out
The facts are a little sketchy, but I will take them as presented. I will assume title was put in the your name and your sister's as tenants in common out of probate. If that is the case then as a property owner, you are entitled to see the mortagage documents.
I find it difficult to believe any bank would grant a mortgage if the title is in both your sister's name and your name based on the note you signed.
If however the home was put in her name and not yours, you have some rights under the will but may have partially waived them.
You should have someone check the title to the property. They same person can check any and all liens on the property, including the mortgages. They should also check the documents relating to your father's estate. Any title company or attorney can check the Title Record for you. And any MA attorney can check the probate file for you.
It is unlikely that anyone would be willing to purchase your interest for anything close to the value, if at all.
I hope this is helpful.
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