Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 8 years ago,

User Stats

30
Posts
5
Votes
Robert Cook
  • IT Technician
  • Worcester, MA
5
Votes |
30
Posts

Father left no will, how does the deed transfer to mom?

Robert Cook
  • IT Technician
  • Worcester, MA
Posted

Looking for some help.

My father passed away in 2007. He left no will and my mother's name was not on the deed, but she assumed the  loan on the house (she's been paying it for 9 years now). 

I understand in Massachusetts, since my father did not leave a will, half of the estate would go to his spouse (my mother) and the other half would be divided between the children (my siblings, all adults) . The house needs some work but she's unable to take out an equity loan to fix it up because her name is not on the deed. I am actually very interested in purchasing it from my mother but she is unable to sell it. Four out of the Five children (the 5th being my father's from a previous marriage) are willing to sign our shares of the house over to my mother if that's an option. My questions are,

Can the  4 out of 5 children somehow sign our shares over to my  mom? Will this allow her to sell the house and then just pay my half sister her portion and do we need my half sister's permission to sell at this point?

Can my other sisters and mother sign their shares over to me? And then could I just assume current mortgage? 

Can probate court be avoided? The house needs some major repairs that can't afford to be put off much longer!

Ive heard very mixed answers from several different attorneys and need some clarification.. I'd really like to take on this house and my mother does not want the headache any more. 

Thank you!!

Loading replies...