Legal Question in Wills and Trusts in Massachusetts
Researching homeowner title
How do I find out the owner of a house when stated town paperwork is still of the deceased owner from 1995? Nothing in county records. I would like to buy. Possible non heir taken over property according to neighbors. Can I challenge them being there legally?
4 Answers from Attorneys
Re: Researching homeowner title
The Town records can be wrong.
The first thing to do is to run a title search. A title examiner will charge you about $100 - $150 to look through the Registries of Deed and Probate to determine if there was a probate and whether the property was transferred to someone after death. Once you get that information, consult an attorney to review the results of the search and discuss the appropriate next steps.
Re: Researching homeowner title
You need to have a title search done by a title examiner. Once it has been done, you should be able to determine who the owner is.
If the title is in the name of the deceased and no probate file has been opened, then you have a number of alternatives but that is unlikely to be the case.
Re: Researching homeowner title
It is doubtful that you could challenge the occupants in a house directly. The first step, as echoed by other counsel, would be to check the registry of deeds and registry of probate, determine who might be entitled to the real estate under the will (if any), or in the alternative, determine who the next of kin are, and whether they have an interest in selling the real estate. It is possible that a will exists which has not yet been filed for probate, albeit somewhat unlikely unless the will was kept by the decedent.
You will need an attorney at some point in the process, as there can be significant issues in clearing title to real estate in such a situation.
Please feel free to contact my office if you are interested in pursuing the matter.
Re: Researching homeowner title
You need to learn who legally owns the property. You should probably hire a title examiner to review the registry of deeds records for this, as the process can be confusing to someone who does not know what they're doing.
Once you know the legal owner, you may aproach them re: buying the property if that is what you want to do.
Please let me know if I can assist you in any way.