Legal Question in Wills and Trusts in Massachusetts

I actually have 2...#1-I am 1/4 owner of a condo in Fl. I asked my sisters to buy me out, forced me to hire an attorney and partion. They waited a year and put the condo on the market. I am now not paying to maintain the property.. where do I go from here? The condo is rented Jan & Feb, and they use it whenever. Am I entitled to use of it even if I don't pay to maintain it? And what are my responsibilities as far as maintenance?

#2 My father passed in Dec. I am 1/6 owner of the property.. nothing is being done to sell it or otherwise. No one is in charge, we all own it equally..no will, no executor. I would love to buy this house for my own use. How do I go about this without the other 5 knowing? (obviously, we don't speak or get along). Thank you, Carol


Asked on 1/17/11, 12:31 pm

2 Answers from Attorneys

Alexandra Golden Golden Law Center

If there has been an action to partition the property in the Florida court, you need to consult with an attorney in Florida concerning your rights under that court's order. It is possible that the delay in marketing the property violated the decision which that judge issued.

As for the second question -- if your father was a Massachusetts resident, no one can file to administer the estate until 30 days after the death. Someone needs to be appointed the administrator so that the estate can be wound down, creditors paid off and the assets distributed among the heirs at law. If your father died unmarried, all of his children and the children of any predeceased children have equal rights to the property. The administrator has a duty to treat all the children fairly. The property cannot be sold without court permission.

I strongly suggest that you speak with a good attorney about estate administration.

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Answered on 1/22/11, 12:51 pm

If you are represented by counsel in FL you should speak with him or her as it would appear there is some sort of agreement. I would think unless otherwise agreed, you have as much right to use the FL property as any other owner.

As to the MA property and your father's death someone should petition to have an administrator appointed. If the property passed to six people automatically by deed, then you need to offer to buy the other's out or file a Petition to Partition and attempt to buy the property. If the property is part of the estate, then an admianistrator needs to be appointed and the property be sold or deeded to the properties. The Administrator needs to treat all beneficiaries fairly.

I suggest you contact an attorney in MA as soon as possible.

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Answered on 1/22/11, 4:10 pm


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