Legal Question in Wills and Trusts in Massachusetts
My parents deeded their house to all five of their children. The deed reads "tenant in common" instead of "joint tenant." My mother and brother have passed away in the last year, should my brother's name be removed from the deed? Also, does this mean my brothers wife gets his portion of the real estate? If this goes to probate, how long is this take and is it costly? We are currently updating his will.
Your professional opinion would be greatly appreciated.
Thank You,
Cindy
Asked on 11/30/09, 10:26 pm
1 Answer from Attorneys
As tenants in common, each owner's interest passes to that person's estate. In your brother's case, his wife will have a claim to his 1/5th interest in the estate.
I would suggest your brother use an attorney to update his Will.
Answered on 12/05/09, 11:05 pm
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