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Questions Answered by Timothy E. Angley
1 Answer | Asked in Estate Planning for Massachusetts on
Q: Can a beneficiary of a trust fund become the trustee if the current trustee resigns or is in breach of trust?
Timothy E. Angley
Timothy E. Angley answered on Mar 2, 2020

A beneficiary can become the Trustee if the Trust allows for such an occurrence. One would want to have a new Beneficiary of the Trust and/or a new Trustee appointed as soon as possible because you don't want the Trust to have the same Trustee and Beneficiary if it can be avoided.

1 Answer | Asked in Divorce, Foreclosure and Real Estate Law for Massachusetts on
Q: My ex wife’s mortgage is in my name, if she stops paying the mortgage will it hurt my credit?

She’s responsible for all costs associated with the home per the divorce decree. I have a perfect credit score and I really don’t want this to screw things up. She hasn’t paid it in 2 months. I’m really not sure how to go about this.

Timothy E. Angley
Timothy E. Angley answered on Dec 10, 2019

Short answer: Yes, it will hurt your credit. If your name is on the mortgage and it is being reported to the credit agencies, then as soon as that mortgage is reported as late that will be a ding on your credit. You can dispute your responsibility for the expenses with the agencies, but until... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Hi, Our home in Lincoln MA. was built in 1995 ( we built it). The developer describes the lot our home is built upon

as lot #2 on the subdivision. This is what is says on the deed. The address that the builder created was 3 Oakdale Lane. In case of future resale, does the deed have to be amended to reflect the actual street address.? For instance, would it be important to fill out a Confirmatory Deed Form and... Read more »

Timothy E. Angley
Timothy E. Angley answered on Dec 2, 2019

Usually, you would have the deed carry forward the description as you received it and then add at the bottom a line something like, "Address of the property being 3 Oakdale Lane, Lincoln, Massachusetts." You would also indicate the property address on the left margin of the deed. There... Read more »

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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