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.

Related Topics:
1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • 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 .

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.