Legal Question in Real Estate Law in Massachusetts

last will implementation

Both parents die with in days of each other leaving property to both children to be split equally which would mean acquiring more sq ft from other person(they took over parents side which we didn't mind them having more while they were alive)..we have lived on other side of home for 18 years and took care of parents while they were alive. Other person refuses to give up space. Don't want to sell property. Can we take over the space and move others ''stuff'' to others own side of home and just take over what space is legally ours?...no we don't get along...


Asked on 2/05/07, 11:20 am

2 Answers from Attorneys

Re: last will implementation

You can't simply move someone else's things. It is unclear if this is a two-family or a single home.

You have one of two choices, go to probate court and ask for relief under the will or work something out, such as a monthly payment or a one-time purchase.

If this is a single-family home, title should be placed in the name of the children as stipulated by the Will.

I would suggest you contact an attorney to review the situation as well as the documents in order to give you proper advice.

Please feel free to contact me.

Read more
Answered on 2/05/07, 11:27 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: last will implementation

What you wrote is a little confusing.

When you say "will" are you referring to the last will and testament, or merely the desire of the parents?

WHo is the other person. Is the other person a child/beneficiary?

Was the house left in the will for the children, or was that done through the title in the deed?

Each makes a difference.

For instance, if the house was left in the will for the distribution, then the will must be probated, and if the property can not be easily be divided, you can get a court order to sell the property.

If you can provide me with more information, I will be glad to discuss your options.

Read more
Answered on 2/05/07, 11:58 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts