Legal Question in Wills and Trusts in Massachusetts
How can I protect myself ?
What can I do to secure, protect a deed in my name? I have registered this deed in the registry of deeds pay the houses taxes, and have resided here for two years. My grandmother passed away, encouraged by my family to purchase this home, my wife and I moved in, with thier consent. Initially we moved in to keep the house insured, then agreed to buy it, demolish it, and build a new house.
My father and his siblings have since egaged in a court fight over appointing an administratrix, attorneys involved have counseled my father-in-law to let the sibling who wants to be appointed, to be appointed. The are no assets. This property is the last thing left. only two, of the original three siblings that were left with equal administratrix duties signed the deed, the deed that we had recorded. We do however, have another deed that was not recorded, with all three brothers signatures on it -notirized . The one sibling has declared that if he is appointed administratrix we will be evicted. can he do that?
1 Answer from Attorneys
Re: How can I protect myself ?
Administratrix refers to a female. The man would be adminstrator.
That attorney might jump on recording the fully-executed deed. Ask him about a principle of law called estoppel-by-deed. I STRONGLY recommend you do not mention that deed nor the phrase to anyone else in the family ... talk only to an attorney that you will be hiring. People involved in fights talk to one another or to mutual friends and they give away their legal strategies and compromise their lawyers' effectiveness.
What does the will say about the disposition of the house anyway? When were the deeds signed and when did she die? When were those events in relation to the work you did and the bills you paid? There's another legal theory that will be obvious to your lawyer, too, which may help you.
When was the will offered and what PRECISELY were the written objections offered by those that opposed the allowance of the will or the appointment of the named executor?
I suggest you write back to me at [email protected] with answers to these questions.
I'm not just trying self-promotion by saying you need to hire an attorney with some real estate and probate litigation experience; there's no question in my mind. If you're not near Boston, I can help you find someone else nearer to you.
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