Legal Question in Wills and Trusts in Massachusetts

I own one-sixth of my fathers house. He passed away a few days ago. One of the co-owners is also the executor. Does she have a right to change the locks and lock out the other five owners? Does she have the right to move on and live there without consultation from the other five owners?


Asked on 1/23/11, 9:04 pm

2 Answers from Attorneys

Nicole Reeves Lavallee Reeves Lavallee, P.C.

I am sorry for your loss. She does not have the right to change the locks unless she is going to give the other owners keys. Technically any one of the new owners have the right to move into the house and if you want to sell the house then you as an owner would need to file a petition to partition.

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Answered on 1/27/11, 2:11 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I am very sorry you have lost your father.

The executor certainly has an obligation to secure the property and make sure that your father's belongings, assets, and property are safe, but she does not have the right to lock you out.

Even though it sounds strange, the previous attorney is correct. You each have the right to live there! When you own property together as co-owners, one of the following things needs to happen:

1. You all decide to live there together and equally share the benefits of ownership;

2. One of you lives there and pays the others "rent";

3. None of you lives there, you all decide to rent the property and split the proceeds equally;

4. You all decide to sell the property and split the proceeds;

5. You cannot agree to sell the property, so you ask the court to order the sale of the house and a division of the proceeds.

If you would like some assistance in thinking your options through, please feel freet to contact my office and set up a consultation.

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Answered on 1/28/11, 7:27 am


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