Greenfield, MA asked in Real Estate Law for Massachusetts

Q: Regarding property quitclaims

My mother passed away this January and her property deed lists one of my other sisters, JB, and myself. The third sister, TH, was not on the deed, but was left everything in my mother's will, including her property. I found out that deeds take precedence over wills in MA.

JB filed a quit claim and gifted TH (for a dollar) the property and didn't get my signature in that process, but the county court accepted and filed the document.

My question is: Should JB have gotten my signature because I am also on the deed, or does the deed officially list me and TH now? The town the property is in has only TH's name on the deed now, and TH is the only one getting notified about taxes, or any other property issues. Was the quitclaim filed improperly? Is there something I need to do, or am I still a part property owner? Thank you so much for any clarification.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Woburn, MA
  • Licensed in Massachusetts

A: Without seeing this deed it is difficult to respond to the question other than to state that it seems that JB deeded her interest to your other sister TH and that you should still have your undivided interest in tact now along with your other sister TH instead of JB .

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