Legal Question in Wills and Trusts in Massachusetts

Looking for case history where a remainderman owner of property was forced to sell their remainderman interest to another majority remainderman owner. We have 2 tenants which have Life Tenancies to a named apt. A third apt has had the Life Tenancy terminated with the death of that Life Tenant. I owner a 75% remainderman ownership and are currently in a fight with the other owner who holds the other 25% remainderman interest. I want to know if I take this to court will I be able to ask the court to force the other owner to sell her interest to me. At one point there were 4 remainderman owners, I have since bought out 2 of the others which is how I got the 75% interest. The other 2 were willing to sell to me but the last owner is not which is why I want to ask the court to force that transaction.


Asked on 7/15/10, 10:52 am

1 Answer from Attorneys

If the life owner is no longer alive and you as the two remainderman are the owners, then you can file a Petition to Partition. Under those circumstances the court will order a sale. You can buy it at auction. It would be cheaper if the other party simply agreed to sell to you. Absent an agreement that requires the other party to sell to you there is no case law to my knowledge which would require them to sell to you.

The net proceeds if this case results in a Commissioner being applointed will be far less than if you and the 25% owner agreed on a sale price, because the attorney for the commissioner, the commissioner and the auctioneer will all take fees for the sale.

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Answered on 7/15/10, 2:01 pm


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