Dorchester, MA asked in Real Estate Law, Landlord - Tenant and Probate for Massachusetts

Q: Hello, I have a question about releasing rights under homestead.

My mother and her sister are deeded owners of our home. In 2018 the deed was re-filed to include my mom and also release homestead rights for her sisters husband. The married co-owner has since deceased and we are making sure the release of homestead clause ensures he has no right or legal ownership of the home due to his wife’s passing. He is residing in the home and we would like to begin eviction process in the correct and legal manner.

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

A: Your question is unclear and I suggest that you should state whether the last deed has more than one grantee listed and if so, does it state that the grantees are joint tenants with the right of survivorship and not tenants in common? Homestead waivers are separate documents. You should also have a landlord tenant attorney involved.

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