Massachusetts  |  Wills and Trusts

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10/29/09, 4:05 pm

Legal Question


I wrote before and left out info. My father is 89 years old and in a nursing home on medicaid. His name is not on the deed to the property as of 2002. Is the life estate still valid? I believe the family attorney made mistakes.

My brother lives in the house and pays the taxes and bills which are still in my fathers name. The siblings expect the rest of us to pay for any repairs needed on the property, I can not afford this. Can I partition to sell the house?


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11/03/09, 10:44 pm

Legal Answer


If your father is not on the deed and there is no other document which gives him a life estate, then you can petition to partition the property.

I suggest you bring the documents you have to an attorney for review.

Jonathan Roth

Attorney address not available

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