Legal Question in Wills and Trusts in Massachusetts
This question is about inherited ownership of parts of a duplex. It was originally purchased by my mother-in-law and her sister, but both are now deceased.
My wife and her sister are listed as executrices of their mother's estate, primarily their mother's half of the duplex. Their aunt (owner of the other half of the duplex) has recently passed away, leaving that half of the duplex to her three children.
If we all choose to sell the duplex, or if we want to sell our half, is the ownership 50/50 based upon the original ownership? Or are there now 5 owners, each entitled to 1/5th of the house value?
Thank you.
2 Answers from Attorneys
You really need to take the relevant paperwork (wills, deeds, etc.) and visit with an attorney.
Just by way of example, before we can know how the property passed upon the death of both your mother-in-law and her sister, we must know how the two women held the property, i.e, joint tenants or tenants in common.
Secondly, the property does not pass to the executrix of a Will, it passes to the appropriate beneficiaries of the estate of the deceased, either by way of the deceased's Will or by way of the laws of intestacy.
Assuming that the situation is exactly as you believe it to be, and there are three people who inherited your Aunt's share of the property, they would each own 1/3 of their 1/2 of the property, or 1/6th.
Please feel free to contact my office if you would like to schedule a consultation. I would be happy to let you know exactly who owns the house and sort out everyone's precise ownership interest.
Subject to actually reviewing the documentation as to title and the Wills; I assume the property was owned as tenants in common. If that is the case each Estate owns 50% of the property. this means you and your sibling own 25% of the property and your cousins own 1/6th of the property.
If you want to sell and they don't you can file for a Petition to Partition the property. The court will appoint a Commissioner to sell the property and the property will be placed for sale, unless one party (or parties) wants to buy you out.
If you wish to discuss your options further, please feel free to contact me.
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