Legal Question in Real Estate Law in Massachusetts
Claim to distant relatives house
My mother had a great aunt who passed away in 1995. She left no will. Her home has been vacant since her death. Went to assessors office and was told a women who is no relation is claiming the house was promised to her mother. Being such a distant relative would my mother have any right to a claim? How do I proceed if she does have a right? No other family members are interested (needs a lot of work). Any info would be greatly appreciated.
Thank You, Sue
2 Answers from Attorneys
Re: Claim to distant relatives house
It doesn't matter how remote the relationship is; the law tends to prefer that property stay "in the family", so to speak. I would suggest that your mother hire a lawyer to file a case in probate court asking the probate court to determine who should be given the property. Since there apparently was no will, the state law will determine the answer to the question. If the woman who is claiming the house is not a relative, it seems unlikely that she would have a legitimate claim. Any claim she would have would have to be in writing, and she would have to prove the validity of the writing. That writing might constitute a will. It may be an expensive proposition! Also, note that if the house was abandoned, the property taxes are piling up and the town may take the property for the taxes. Regardless of the value of the house, this really should be looked into. Good luck!
Re: Claim to distant relatives house
If no probate has been filed then an administration must be filed in Probate Court. Any interested person can file the petition. Probate Court will determine who the closest relatives are. They will own the house or Probate Court will sell the house and the proceeds will go to the heirs.
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