Legal Question in Wills and Trusts in Massachusetts
tenants in common
in 1967 my mother put her significant other on her deed as tenant in common. she's now 83 and her significant other passed away in feb 07, at the age of 90. he never lived with my mother, he had his own house in framingham, ma. she consulted an atty in april and and he told her she needed to send a copy of the death to the worcester deed office. she mailed a certified copy to take his name off. he had no children, but one brother. my mother was in the process of getting a reverse mortgage and was disqualified today due to the fact that his brother who's 94 has a right to half of my mother's house. what kind of recourse does my mother have; and is his brother entitled to half her property? what does she need to do to resolve this crisis. she needs the reverse mortgage money to live. she has me, one daughter, one granddaughter and two great-grandchildren. don't we take precedence over his brother?
Thank you
2 Answers from Attorneys
Re: tenants in common
First, I assume you are correct that the property was owned as tenants in common, and not joint tenants with right of survivorship.
Because the property was owned as tenants in common, 50% of the interest in the property belonged to the deceased. Ideally, the S.O. would have made a will leaving the property to your mother. If he died without a will, the property would have passed to his next of kin. So, unless there is a will or your mother can somehow prove that she was fraudulently induced to make the gift to her significant other back in 1967, that 94 year-old brother probably does own 50% of the property.
I have practiced elder law since 1998. I would be pleased to discuss this matter further and consult with a different reverse mortgage broker to see if there is any way a loan could be made on her 50% interest.
Re: tenants in common
Assuming the title is as tenants in common, the brother is entitled to the significant other's half.
If as joint tenants then it would have gone to your mother.
You have two choices here:
1. contact the brother and get him to sign a deed to your mother; or
2. File a petition opening an estate for the deceased significant other and then file a Petition to Partition seeking to obligate the Executor of the deceased significant other's estate to deed the property back to your mother.
This process will be much more expensive than getting the significant other to deed the deed back to your mother.
If that is done, then you should meet with an attorney to plan for your mother's needs.
Please feel free to contact me if you have more questions.
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