Legal Question in Wills and Trusts in Massachusetts
Failure to Live Up to Agreement
When my mother died there was a dispute between my sister and I over her will. We went to court and the judge approved a ''compromise'' where she got the house but she had to pay me a certain amount of money for it.
That was 7 months ago and she hasn't done anything. Can I force her to live up to our agreement? How?
3 Answers from Attorneys
Re: Failure to Live Up to Agreement
If it is a court order? yes. If it is something else, you did not say what it is.
Re: Failure to Live Up to Agreement
If it is a Court Judgment you can enforce it with the contempt powers of the Court. Otherwise you may need to File a Petition to Partition the property. Good Luck!
Re: Failure to Live Up to Agreement
If the estate probate has been completed or has been open for a year, so that there is no likelihood of any creditors filing claims against the estate, yes.
If the "compromise" was a written stipulation filed with the court and accompanied by an order by the court that the parties were to abide by the agreement, you can file a complaint for contempt. The form is available at the clerk's office. You will have to serve her with a copy of the contempt complaint. She will have 21 days to answer and you will then have a hearing.
You should have received a copy of the agreement and order. If you had an attorney at the time s/he should have it.
If there was no written agreement filed or court order, you will have to either refile your original complaint about the will or file a petition to partition or sell the property and divide the proceeds. This can get complicated, so I recommend having a lawyer.