Northborough, MA asked in Landlord - Tenant and Probate for Massachusetts

Q: My mother died in January of covid.

My mother was in a nursing home for 3 years when she died. My brother asked to move into her home 2 years ago. My mother has a will, but my sister and I were concerned because my brother is a person who does not pay his bills. We had the estate lawyer draw up an agreement that basically said my brother will pay the condo fee and real estate taxes (only $600 where the avg rent is $2,000) to stay there and when mom dies the house will be sold and distributed among her children. Well, mom died and my brother will not leave. I am Personal Rep and working with a lawyer to evict him , but my brother's lawyer came asking for a jury trial in housing court which he rec'd . Because of the covid problem the courts are all backed up and it looks like October (6 months away ). I cannot believe we are in this situation, my sister and I thought that Mom's Will dividing her assets equally and the agreement the lawyer had us sign would prevent this, is there anything I can do as Personal Rep?

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

A: As PR you may seek an equity action against him for losses to the estate and seeking to offset against his share of the estate under the Will.

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