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Questions Answered by Timothy E. Angley
1 Answer | Asked in Estate Planning for Massachusetts on
Q: I need to open an account for my dads estate what do I file in court a informal or formal?
Timothy E. Angley
Timothy E. Angley answered on Nov 7, 2019


Formal or Informal can depend on a few different factors. Did your father leave a Will? Did the Will allow an executor to sell real estate (if there is any) and did your father reside in Massachusetts or did he reside elsewhere? I often advise toward Formal because that eliminates the...
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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: seller claims buyer is responsible for title 5. Seller has no records of inspection nor does the town. is this legal?

seller has no records of the original title 5 ever being completed on the property. Is it legal for the seller to sell the property without having any prior inspections done on the septic. I contacted the town records and they did not have any information on file. Is this an issue for Health and... Read more »

Timothy E. Angley
Timothy E. Angley answered on Sep 9, 2019

The Board of Health should be the ones keeping the records for a Title 5 inspection. It is legal for a sale without an inspection if the sale is to a family member. In Massachusetts, it is the SELLER who is responsible for the Title 5 inspection and if needed, repair costs. The Buyer would only... Read more »

1 Answer | Asked in Land Use & Zoning for Massachusetts on
Q: My town changed the classification of my home from a single family to a multifamily after purchase. Is this legal?
Timothy E. Angley
Timothy E. Angley answered on Jun 26, 2019

This is legal especially if the zone that the house resides in already allows for multifamily use. Is the home being used as/designed for a multifamily use? Does the valuation on the home reflect a multifamily or single-family designation?

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: I'm buying my In laws house and my husband will be on the title but not the loan, do I still need a title 5 inspection?
Timothy E. Angley
Timothy E. Angley answered on Apr 18, 2019


You will not need a Title V inspection as the transfer from your husband's parents to a child of theirs falls under the exemption under M.G.L.c. 21A, section 13.

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