Dedham, MA asked in Real Estate Law, Probate and Estate Planning for Massachusetts

Q: I live in MA , my husband died last year, left no will, house in his name only and we have 2 adult children that’s all.

How do I proceed to put house in my name so I may legally sell?

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

A: If all of the children are of your marriage to him or are yours and his, then you take all of the estate. However, you will need to commence an estate in the Norfolk Probate Court if that is the residence county and seek appointment as Personal Representative and notify MassHealth Estate Recovery Unit appropriately to determine whether there is any lien on the estate. Also, if there are estate taxes due you will need to pay them , depending upon the size of the estate or there may not be estate taxes due but an appropriate affidavit regarding same would be needed and a deed of distribution, also.

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