Legal Question in Wills and Trusts in Massachusetts

The only countable asset is my Dad's house that is valued at 200k. He currently owes 205k on the mortgage. We want to sell it but looks like we will take a loss. What type of probate do I have to do? Can I do a voluntary Administration?


Asked on 7/07/10, 11:08 am

2 Answers from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson

First, let me urge you to consult with an attorney on this.

If there is no will, then you do an Administration. If there is a will, you need to file the will with the Court, and become an executor.

Selling the house could be time consuming and expensive if it is underwater. You may consider becoming Administrator, contacting the bank, and seeing if they will simply accept the house in exchange for a release to the estate of your father.

Sorry for your loss.

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Answered on 7/07/10, 2:19 pm

Please accept my condolences.

If your father's estate's sole asset is his home and no home, then you seek an administration of the estate with the consent of the other heirs at law if any.

Once appointed as Administrator, contact the lender and offer them a deed in lieu of payment and a release of its claims against the estate.

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Answered on 7/07/10, 2:57 pm


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