Woonsocket, RI asked in Probate for Massachusetts

Q: My father passed 2018. He bought a home for me back in 2007. The loan is in his name, but the deed is in both our name.

I have been paying the mortgage until about 5 years ago. I bought a new home and I’m renting the home my father bought. We recently finished probate and everything has been settled and distributed to us 4 siblings. With the money I’m receiving, I want to pay off the house my father bought me. My question is, will I have a problem putting it on my name? My father told my siblings that this house is mine and not to be touched when he passed, but he did not say that in the will. Will I have to pay them if I pay my fathers loan and out the home in my name?

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: If you and your father were joint tenants with right of survivorship then the house now belongs to you, and the process for clearing your father's name from the deed is fairly simple. If you were NOT joint tenants with right of survivorship, then you should contact your probate attorney and alert him or her to the fact that there was an asset that was missed in the probate. Probate will need to be re-opened to deal with that house.

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

A: So, depending upon how title to the property is held- was it joint tenants with the right of survivorship? In his sole name? A tenancy in common? - this can't be answered yes or no without knowing this answer .If the title was in his sole name or tenancy in common with you then it is part of father's probate estate Also your father's will terms need to be reviewed and you seem to have made distribution? Did you file a Petition for Probate of Will? Confused.

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