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My brother, a U.S. citizen, passed away in Portugal. His ex-partner informed me of his death but refuses to provide any further information about his will or the circumstances, and I don't know where his body is or how he passed away. My brother owned a fully paid home at 459 Butman Rd,... View More 
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answered on Apr 2, 2025
You should immediately contact the probate court in Middlesex County, Massachusetts, where your brother's property is located, to determine if a will has been filed. The property at 459 Butman Rd, Lowell falls under their jurisdiction, and you can search probate records online or call the... View More
I live in Massachusetts under state housing authority, and my boyfriend, who was a co-tenant, left without notice. Both of us were on the lease, and my rent was calculated based on his income. Since he left, my income has significantly decreased, but the housing authority is still making me pay... View More
I live in Massachusetts and my roommate and I are both on the lease. My roommate has decided to leave. Given this situation, who is responsible for paying the rent that is owed?
I am a 75-year-old tenant of the Arlington Housing Authority. I've been complaining about a heavy tobacco smell in the hallway in front of my apartment since last July. My lease states that smokers in this non-smoking building will be evicted, yet despite my numerous emails to the landlord,... View More
I believed my father was my biological father; we were estranged until I was 40 but developed a father-daughter relationship for 5 years until he passed away. I was listed as an heir to his estate and received about $60k in distributions over 6 years. Recently, I was asked to take a DNA test to... View More
I am looking to purchase a home in Wareham, but there are legal complications regarding property encroachment. The house encroaches on the neighboring property by about 10 feet. In 1999, the original owner received a permit for an addition, crossing onto town-owned land, which was later purchased... View More
I am a licensed North Carolina real estate professional currently residing in Massachusetts. I initially agreed to receive a referral fee from a Massachusetts brokerage when I was affiliated with a firm in NC, but I am no longer affiliated due to moving. Can I receive these referral fees paid... View More
I live in Massachusetts, and my father bought a home through an auction website using my cousin's auction account. As a result, my cousin's name was added to the deed. My father has paid for 100% of the home and all related expenses. We've lived in the house for seven years, while my... View More
a person owned land and divided it into 4 house lots and put in a basic road. The Town did not make him take a bond to finish road. He filed for bankruptcy and eventually died. The properties were owned jointly with his brother and his brother is still considered the title owner of the land that... View More
answered on Mar 4, 2025
The abutters to the road are deemed to own to the middle of the road and therefore it is possible that the four owners of the lots pay the taxes for the road. TI suggest you direct this question to the taxing authorities of the town.
I share a common driveway with six neighbors, and the section of the driveway where the accident occurred is owned by Neighbor A. During a snowstorm, Neighbor A's daughter was obstructing the uphill section of the driveway as she struggled to drive up. She made several unsuccessful attempts... View More
answered on Feb 24, 2025
A Massachusetts attorney could advise best, but your question remains open for a month. This is a difficult setting. You could raise the argument that had she let you pass, the accident would not have occurred, and that you had reason to be anxious about being struck by her. She could raise the... View More
My friend Lisa was the sole beneficiary of her mother Barbara's trust. The original loan was a $100k HELOC between Santander and Barbara in 2010. Barbara died in 2012 and Lisa became the owner. In 2017 Lisa was able to assume and modify Barbara's original loan with Santander and the new... View More
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answered on Jan 27, 2025
If the Bank has the actual mortgage and note, then it makes no difference if there is a recorded assignment or not. If the note is in default, foreclosure will ensue.
answered on Dec 17, 2024
A Massachusetts attorney could advise best, but your question remains open for a week. It is difficult for attorneys here to offer their services in response to your request - the format is limited to Q & A. If you're looking for an attorney, you would need to reach out to law firms. You... View More
My father died without a will. Me and my two sisters signed the house over to my oldest sister and brother-in- law with a quit claim deed. The courthouse here in Greenfield Mass, says this deed is legal and he doesn't need a deed signed by a lawyer. My brother-in-law has payed the the taxes on... View More
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answered on Nov 11, 2024
If the lender does not want to refinance, that is their choice. Owner might try another lender to refinance. The deed may have violated the due on sale clause which could start foreclosure.
I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at... View More
answered on Nov 5, 2024
This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More
There are three issues to be addressed. The failure to present us with the Security Deposit Bank Statement identify the bank, account #, amount of deposit and interest rate. Housing law says that if the landlord does not present this to the tenant within 30 days of payment, the default rate of 5%... View More
answered on Nov 5, 2024
Gather all your paperwork and consult with Greater Boston Legal Services or whatever attorney assistance program is available in your area. The security deposit statute is detailed and the landlord may have violated it entitling you to damages or at least an argument that you owe them nothing.
inherited from our parents, if we don't let her live in the house! She has made it clear that she plans on doing whatever she has to, to get everything she can get from us, she has told him that. If his name wasn't on the title, could she still go after us?
She has posed for... View More
answered on Oct 29, 2024
It is possible your brother's wife could get his interest in the property upon his death or if he transfers his interest in the property to her. The wife's acts appear to affect him, not you, so any action against the wife would have to be initiated by him.
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answered on Sep 30, 2024
When you receive a 30-day notice to quit, it's important to understand that this notice typically means the landlord is giving you a formal request to vacate the property. In most cases, you can move out within that 30-day period without needing to give additional notice. The landlord has... View More
We sold our home in June 2021. We accepted an offer and have a signed OFFER TO PURCHASE REAL ESTATE agreement. The prospective buyer put down a binding deposit. Before the offer expired buyer backed out due to a family disagreement. We eventually sold the home. My RE agent and his attorney reached... View More
answered on Sep 23, 2024
It is unclear from your note what the circumstances were at the time the buyer backed out so it is difficult to tell whether the sentence you quoted unequivocally gives you a right to the deposit. Practically, brokers are reluctant to release deposits of this kind without all parties'... View More
Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More
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answered on Jul 23, 2024
Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More
My home was illegally foreclosed in 8/19/19 and then sold in an online auction in 11/15/19 while in the middle of litigation between the bank and myself. The 3rd party brought SP. Judge Winik from the start has assumed that plaintiff has the right to title. He asked me if I maintain the house by... View More
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answered on Jul 27, 2024
To transfer your case from Housing Court to Superior Court, you need to file a motion to transfer jurisdiction. This motion should include a detailed explanation of why the Superior Court is the appropriate venue, emphasizing any legal or procedural errors made by the Housing Court, such as the... View More
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