Legal Question in Real Estate Law in Massachusetts

2 deeds 1 morages

My mother owns the morgage to a dueplex one deed is in my name and the other is in an estate of my late sister and there is no will what are my mothers options to get control of the whole house? and also does the oldest menber of the other family have the last say on what can be done with the other half of the house?


Asked on 9/09/03, 2:20 am

1 Answer from Attorneys

David Baker Law Office of David Baker

Re: 2 deeds 1 morages

If I understand correctly, there is one mortgage covering two separate, but connected, homes, and the mortgage payment goes to your mother. As long as the monthly mortgage payments are made, she can't take over the whole house by foreclosing the mortgage. As regards your late sister's half, the person in charge would seem to be the administrator or executor of the estate, for the present, which could possibly be your mother. If your sister had a will, the will would probably control who gets her half; if not, there is a statute which decides. It may or may not be the oldest member of the other family or your mother. You really need to sit down with a lawyer and provide more information in order to get an accurate answer. Best wishes.

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Answered on 9/09/03, 10:00 am


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