Legal Question in Wills and Trusts in Massachusetts

Re: property&inheritence

It depends upon many facts and circumstances. Ordinarily, the attorney helping you with probate should be able to guide you.

If the debts left by a decedent plus liability for administration expenses and estate taxes (if any) exceed the liquid assets of the decedent's estate, it may be necessary for the executor to petition the court for a license to sell real estate.

Otherwise, if there are sufficient assets in the estate (and if the will does not provide to the contrary), you could receive your share of the estate in liquid assets (cash, stock, etcetera) and your sister could receive her share as real estate, assuming you and she agree on the respective values.

If you cannot agree, then you need to petition the court for permission to sell the real estate. You would need an attorney if this is the case.

Please don't hesitate to contact us if you need legal assistance.

Re: property&inheritence

I really need to see the language of the will to see exactly what it says. In the absence of any expressed desire to the contrary, the property will be sold and the proceeds divided according to the terms of the will. Your sister ought to consider buying out you share in the house.

Re: property&inheritence

The Will should be dispositive of what happens. You will need to Petition the Court for permission to sell the property. Your sister can object. The easiest way would be for your sister to buy you out. Even if you can't sell as Executor, once title has transferred to you, barring terms in the Will and on the deed to the contrary, you can file a Petition to Partition.

The attorney who is assisting with the probate of the estate should be able to handle this for you. If you have other questions, please feel free to contact me.