Attleboro, MA asked in Estate Planning, Landlord - Tenant and Small Claims for Massachusetts

Q: Can I sell or cash out on a willed estate?

My grandfather passed and his wife hates me. She's made attempts to remove me from the deed since my grandfather passed.

I'm listed as a "joint tenant" on the deed. What are my options for selling or cashing out my share?

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: Theoretically you could sell your share, but as a practical matter nobody is going to want to buy your share and then have to share use and occupancy with the other co-owners. The practical solution is to either buy out the other co-owner(s) or have one or more of them buy out your share. If you all cannot agree on a buy-out then you can sue for partition, if the property can be partitioned. If it cannot be partitioned (which is usually the case), then the court will force a sale and you all split the proceeds after deducting attorney fees and court costs.

Anthony M. Avery and Michael M Marques agree with this answer

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