Legal Question in Wills and Trusts in Massachusetts

My uncles will has my mother as the executor. The will has two homes listed that he does not own anymore and does not list the one he does own. What does my mother need to do to sell the house he owns?


Asked on 2/20/10, 6:28 pm

3 Answers from Attorneys

She needs to open a Probate Matter with the Probate Court where your uncle last resided. She needs to file the Will and ask that she be appointed as Executor. She once appointed she will then need to file a Petition to allow her to sell the home.

I recommend she see an attorney to get this done. I assume the home has value in excess of any mortgages or other debts.

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Answered on 2/25/10, 6:33 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Your Uncle's property will pass according to the instructions in the will. I agree that the will needs to be reviewed by an attorney. As a start, the will should be filed with the Probate and Family Court.

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Answered on 2/25/10, 7:03 pm
Joseph Murray Joseph M. Murray, Esq.

My condolences on your loss. Your Mother must file the Will with the Probate Court having jurisdiction of the town in which your uncle last resided and seek a License from the Probate Court to sell the property if funds are needed for administration costs, unless the Will directs a different disposition of it. Good Luck!

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Answered on 2/26/10, 6:11 pm


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