Legal Question in Wills and Trusts in Massachusetts
My mother passed away in April 2010, she owned a house with a small mortgage, I want my two other siblings to buy me out they are refusing, the house will be put in our names a year after her death correct? I do not want or can afford teh responsibility to own this house. There is $2000 rent being collected right now and I have no idea where this money is going. Any help would be appreciated.
2 Answers from Attorneys
If they refuse to buy you out, and none of the parties is interested in selling the property, you would need to bring what is called a petition for partition. In a partition action, you are asking the court to order the sale of the home and to divide the proceeds fairly. Please feel free to contact our office if you would like to discuss.
The rent should be used to pay the bills of the estate including the mortgage and expenses of the home.
Once the house is placed in all three of your names you can file a Petition to Partition the property and force the sale of the property.
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