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Updated over 7 years ago on . Most recent reply

User Stats

1,257
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345
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Rich Hupper
  • Broker / Investor
  • Tewksbury, MA
345
Votes |
1,257
Posts

Possible probate deal?

Rich Hupper
  • Broker / Investor
  • Tewksbury, MA
Posted

I couldn't find a section on the forums specifically for probate discussion. Sorry if I posted in the wrong forum. Anyways, I found a mortgage free 2 family. No one has lived in it for years. Great value add property.

The last title holders were a husband and wife. They died many years ago. As far as I know they had a son and daughter. I have only been in contact with the son. He told me that his sister has been paying the taxes but otherwise they have no relationship and she is very illusive.

According to probate court files their parents estate has never been through probate.  My questions are:

1) If the parents had no will specifically bequeathing the property to their daughter wouldn't both son and daughter have equal claims to the property?

2) If there is no will and the son has an equal claim to the property is a petition to partition the only thing he can do since his sister is MIA and non responsive?

3) Would an estate attorney be the best attorney to refer him to should this course of action be correct?

Thank you for your help

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