Legal Question in Wills and Trusts in Massachusetts

Transfer of property in deceased's name

I am one of 9 beneficiaries to my grandmother's property. She lived in Massachusetts and the property(land only) is in Florida. The land is still in her name and the estate has gone through Massachusetts probate. I would like to buy this land from all the other beneficiaries with their consent. My question is... do I have to get this land in all 9 of our names first and then they can sell it to me or can it be done in one transaction? Also, my Aunt who is the executrix does not want to be involved with any of the paperwork or filings, can I do all the neccessary paperwork even though I'm not the executrix? And, do filings have to be done in both Massachusetts and Florida? Basically, what is the fastest, easiest and cheapist way for me to buy this land from them? Thank you so much for your help!


Asked on 8/15/06, 9:44 am

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Transfer of property in deceased's name

This sounds odd. If there is property, there are terms in the will about its sale or distribution. It is the job of the executrix to resolve all the property issues before the probate action can be closed. I would need some information about the status of the estate administration, and what your aunt is doing or not doing about this property. If you have any other questions, contact my office.

Read more
Answered on 8/15/06, 10:11 am

Re: Transfer of property in deceased's name

To properly answer your question, I would need more information about the Will and the Status of the estate. Your Aunt as Executrix is obligated to deal with the property and the paperwork. I would suggest she and/or you hire an attorney to handle the paperwork and assuming the other 9 beneficiaries are agreeable handle the sale as quickly and efficiently as possible.

Read more
Answered on 8/15/06, 11:16 am
Mildred Phillips Mildred N. Phillips, Attorney at Law

Re: Transfer of property in deceased's name

If the estate has already gone through Massachusetts Probate and there is no dispute as to all nine beneficiaries inheriting the property in Florida, then you do not need to file any papers with either Massachusetts Probate and Family Court or Florida Court. All nine beneficiaries can deed the property to you for the amount of consideration that you agreed on. There is no need for the property to be transferred to all nine beneficiaries first and they in turn deed over the property to you. Note, eventhough you are one of the nine beneficiaries inheriting the land in Florida, you must still be in the deed as one of the grantors because nine beneficiaries including you are the legal owners of the property pursuant to Massachusetts Probate Court Docket Number-----.

Read more
Answered on 8/15/06, 1:15 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts