Legal Question in Wills and Trusts in Massachusetts

My sister and I are coexecutors of our parents estate, a house needs to be sold but my sister who does not live in the house has many belongings there that prevent us from fixing the house in order to put it on the market, can I have her belongings placed in storage? July5 ,2015 will be a year in probate.


Asked on 6/16/15, 3:39 pm

2 Answers from Attorneys

As co-executors you need to agree on certain things including sale. I am not sure why she has not dealt with her belongings, but she has a fiduciary duty to do so, so the home can be sold. She should agree to have the things boxed and shipped to her or put in storage. If she does not want certain things they should be thrown out or be made part of an estate sale to get rid of them.

Good Luck

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Answered on 6/16/15, 3:58 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

You may want to think about retaining your own independent counsel, if you have not already done so. Who owns the house at this point, i.e. who are the natural heirs or beneficiaries? An owner can force the sale of the home. If your sister will not agree, you may need to seek an order from the Probate Court or seek a partition, which would be a separate action brought by a co-owner to force the sale of the home. Our office represents clients in matters of probate administration as well as real estate litigation and conveyancing and I would be more than happy to speak with you.

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Answered on 6/17/15, 3:42 am


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