Legal Question in Wills and Trusts in Massachusetts

My father died 30-years ago without leaving a Will. He was married to my mother and they had a total of three children (including me).

A year before he passed on, my father added my older sister and his two brothers to a deed to the house we lived in (my father had inherited from another brother).

It says they all paid only one dollor for it. The two brothers he added where "excluded" on the Will of the brother that left it to my father.

I have lived in the house (it's a 3-family home) with my sister and uncle (all on separate) floors and have contributed to the real estate tax and house insurance the entire time.

Meanwhile, one of the uncles on the deed has passed on and my mother and brother also. Since I am not on the deed, which was set-up as a "joint-tenancy", I am concerned.

Can I contest the handling of the deed since my father was married and did not leave a Will? Thank you very much for your time and consideration.

Asked on 8/24/18, 11:53 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Unfortunately, I don't think you have stated facts sufficient to challenge the deed. Do you have evidence that your father was under undue influence, or being threatened or coerced? Was there a forgery or fraud? The will only speaks to probate property, and a home he owned together with others as joint tenants would not go through probate. It sounds like you do not own the property and never have, but maybe schedule a meeting with an attorney and bring additional facts or information.

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Answered on 8/24/18, 1:41 pm

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