Legal Question in Wills and Trusts in Massachusetts

I am one of nine children. My mother passed away 17 years ago and did not will her home to anyone of us. She was the only one listed on the deed. One of my brothers lives in the home. As one of her heirs do I have any legal responsibility in case someone was injured on the property? If so, how do I relieve myself of any legal responsibility or claim to the property? Also, probate has never been completed as far as I know.


Asked on 9/07/14, 5:39 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question.

If you would be willing, I think this is the type of question that will require more information and is probably worth a sit down meeting - either in an attorney's office or by telephone. The answer to your question depends upon who was alive at the time your mother passed 17 years ago. It will further depend upon whether any of those persons who survived your mother have also since passed, and if so, who survived them. The really short answer, based on the information provided, is that you very well may have legal ownership of the property. Your legal ownership may be 1/9th of the property, or less or greater depending upon your family tree and intervening events.

You want to get this figured out before the home is owned by even more remote family relations, as things will only get more and more difficult with time.

It would be a good idea to figure out who exactly has an ownership interest in the home and then perhaps figure out what the various parties want to do with the property. Any party may buy out the interests of the others, or be bought out him or herself, or force a sale of the property.

Please feel free to contact our office if you would like to set up a more in-depth conversation.

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Answered on 9/09/14, 9:20 am


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