Legal Question in Wills and Trusts in Massachusetts

Clear Title

My uncle passed away with no will. we are trying to settle the estate. The home his lived in was the family home and was thought to be owned by him. He had no wife or children. After looking we found out that when my Great grandfather died(no will) it was left to His wife and 7 children. Which only to children are now left. My grandmother and Great Aunt. How do we go about clearing the title so we can sell the home? Can it be done with out a lawyer, by filing forms in land court?


Asked on 10/31/05, 11:54 am

2 Answers from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Clear Title

This is not an easy question to answer. In part it depends on when your great-grandfather died and when his widow and children died, and if any of them left any other children. Then on when your uncle died, and, if he had any ownership interest, in who his heirs at law are. If any of these died within the past 10 years, there will be inheritance tax forms to file. There may also be debts left unpaid by these persons, for which the estate may be liable, but if no estate was probated, there may be liability for the debts still outstanding.

It may be possible to settle the title without probate, but I doubt any potential buyer or mortgage company lawyer would want to take a chance on it. Unless you resolve the estate problems, there is nothing the land court can do.

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Answered on 10/31/05, 1:48 pm

Re: Clear Title

You need to open an estate for your grandfather and uncle. You need to notify everyone that is still alive, your cousins, etc.

I doubt you can do this without a lawyer given the time and the need to clear the title so the home can be sold. It is highly likely that the home will have to be divided between the heirs of the 7 children depending upon who what when etc.

I would contact an attorney who does probate and real estate in your area.

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Answered on 10/31/05, 2:19 pm


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