Legal Question in Real Estate Law in Massachusetts
My mom and her boyfriend owned a home (deed in joint tenancy in entirety). They separated, and a judgment for commissioner to sell the property and have it divided equally. My mom's boyfriend passed away, is my mom entitled to the entire sale amount, or because there was a judgment, does the other half go to his estate?
2 Answers from Attorneys
It depends on the words on the deed. If one is not the beneficiary of the other, or language to this effect, then his interest goes to his estate.
It will depend on both the deed and the details of the Court's order.
If the sale has not taken place, your mother should move to dismiss the complaint on grounds that the boyfriend died and see if the court will do same.
Otherwise, it is likley the proceeds will go to the boyfriend's estate.
Good Luck.
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