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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: Lived in parents house for 10yrs after parent passed away; Executor; sold for 150K; how much should I give sibling

97K mortgage was paid from 150K; utility, and home maintenance fees.

Mass probate

John Michael Frick
John Michael Frick
answered on Apr 22, 2023

From your question, I assume you and one sibling inherited the home, that you continued living in the home for ten years while your sibling did not, that you are the only one who made the payments mentioned, and that you have been an adult for the full ten years.

Determine the fair rental...
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1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: How do I get a redemption for a real estate tax taking in Massachusetts?

My local tax collectors office filed a tax taking back in 2008 for outstanding real estate taxes due on an investment property? The delinquent taxes were paid by my mortgage servicer from my escrow account.

A recent title search shows the 2008 tax taking lien recorded, but a redemption or... View More

Christopher Tolley
Christopher Tolley
answered on Apr 12, 2023

If the tax title amount has been paid, the town is required to issue a redemption. The town is permitted, but not required , to request the recording fee for recording the certificate as a condition of providing the certificate, and then must record the certificate. I believe the recording fee for... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: What are steps to take with my mother's estate when she passes away with no will.

My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 31, 2023

Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... View More

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: My neighbor passed in 2016; before her passing she had a will which identified me as the executor of the will.

I did not act on the will because the daughter moved in and I didn't want to upset her. However, the daughter recently passed and now there are no living relatives. Is the mom's will still executable?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 13, 2023

I agree that consulting an Estate attorney concerning this matter would be the route to take. A public forum can only provide some basic information. If you are in possession of the original will and were named the Executor now referred to as Personal Representative, you had a duty to move... View More

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Should a builder have disclosed detention pond near condo house?

I bought a new construction condo house 15 months ago that I am supposed to close on, in a few days. The plans and agreement showed that there is a wetland in the area far from my house but a vast green area beside my lot which was the main factor to choose this exact lot. For the last few months,... View More

Christopher Tolley
Christopher Tolley
answered on Mar 6, 2023

You should review this with your attorney as soon as possible to review all the facts and documents because you may have the basis of a claim. If you do not want to go forward with the purchase you should establish a strategy and get input from your attorney on the costs and benefits of litigating... View More

1 Answer | Asked in Real Estate Law and Collections for Massachusetts on
Q: City gave notice of unpaid property taxes (2 years old) that were already paid during closing to be paid by certain date

Or they'd put a lien. I paid the dues in time with confusion from city that once I find the evidence of payment during closing, I'd get reimbursed. I did find that evidence and provided it to them. Treasurer confirmed in email to refund the amount I had paid earlier. It's been almost... View More

Christopher Tolley
Christopher Tolley
answered on Mar 6, 2023

If you have submitted al the materials necessary to show you paid, the refund should be forthcoming. Are you otherwise current on your real property taxes? If not, that may be the hold up. Otherwise, keep after them.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Massachusetts on
Q: Is it possible to avoid estate or gift taxes on a house jointly owned by a father and son after father’s death?

Father and son jointly acquired a home with funds provided by the father. They memorialized an investment agreement/promissory note whereby the son was permitted to live in the house while repaying his half of the initial cost. Additionally, the son was responsible for all utilities, insurance and... View More

Christopher Tolley
Christopher Tolley
answered on Mar 6, 2023

The issue of whether a third party's improvements to real property reduce its value for estate tax valuation purposes is not straightforward. This question should be directed to a tax professional or your estate attorney.

1 Answer | Asked in Real Estate Law and Civil Litigation for Massachusetts on
Q: House owner went into property before scheduled walk thru

My ex fiancé and mother went in on a house together. When we broke up he wanted to kick my mom out, we sued him for breach of contract when he filled for evection. We won and my mom has until February 28, 2023 to vacate the property at that time we will do a walk thru of premises and then he will... View More

Christopher Tolley
Christopher Tolley
answered on Feb 28, 2023

I assume your ex's entry into the property violated the parties' settlement agreement. However, you do not articulate any harm to you or your mother as a result of his acts and therefore you would not be entitled to damages. Therefore, it does not seem to be in your interest to reopen the... View More

1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: I am a trustee of an HOA development where all the owners in the development jointly own a HOA amenity property. Our HOA

files its taxes as a non profit. Recently we learned the town asseses the amenity as comercially zoned eventhough its a comunity garden. is this correct?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 8, 2023

Your organization needs to have counsel review this issue which does not appear to be a general question suitable for a forum.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I withhold my broker's fee payment?

The home my broker found us has delayed our move-in date multiple times as they haven't gotten their BFD inspection. This possibility of delay was a clause in the lease and I was nervous about it but my broker told me that they only really put that clause in 'in case of natural disaster... View More

Christopher Tolley
Christopher Tolley
answered on Jan 10, 2023

If the possibility of delay was written into the lease there would be an argument that you assumed the risk of delay and therefore have no recourse for your losses due to the delay. You should examine any separate contract you may have with the broker as to whether and how his fee is earned. Maybe... View More

2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: What are my options when trying to remove myself from house deed?

My brother and I, inherited house. My brother has lived in the house for 3 years and not helping with property tax and yet to file yearly taxes, as he is the authorized rep of the estate. My name is on the house deed. How can I remove myself from any obligations as I am no longer financial able to... View More

Christopher Tolley
Christopher Tolley
answered on Jan 3, 2023

Contact your brother and advise him you no longer wish to own the property. Hire a lawyer to prepare a deed of your interest in the house to your brother. Ensure your brother agrees to accept a deed to the property. Have the lawyer record the deed with your brother's assent so that when the... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: How can the owner of a single family residential house in Massachusetts remove an occupant who refuses to leave?

My friend, as an act of kindness, agreed to let a “friend” stay in his single family residence with him as a guest while she recovered from a surgery. During her stay, her own home was foreclosed on, so he let her stay longer and store her personal belongings at his house until she was able to... View More

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

Your friend will have to formally terminate his tenant's occupancy and evict her via a summary process action. I strongly suggest he retain the services of an attorney.

2 Answers | Asked in Civil Litigation, Family Law and Real Estate Law for Massachusetts on
Q: What kind of attorney(s) should i hire if i want to file a complaint in equity and sue in family court for contempt?

i am the child named in a judgment of divorce between parents and became a tenancy in common in properties with step-mother. i am now disabled and the sales will create financial complexities along with a host of difficulties. i have hired a real estate attorney & scheduled to meet soon but i... View More

Christopher Tolley
Christopher Tolley
answered on Dec 1, 2022

Optimally you would hire a family law attorney with litigation experience.

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2 Answers | Asked in Real Estate Law for Massachusetts on
Q: Is it a breach of contract If a seller is not ready to close at the closing date stated on the buyer-seller agreement?
Christopher Tolley
Christopher Tolley
answered on Nov 18, 2022

Yes, although many real estate purchase and sale agreements permit the seller to extend the date for closing under certain circumstances even though the buyer may not agree to extend. You should review your purchase and sale agreement .

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Massachusetts on
Q: Can HOA covenant be forced on abutting parcel that is NOT part of the deeded covenants to the subdivision boundaries?

An abutter (private parcel, NOT part of the HOA/subdivision) wants to develop their adjacent lot for a single family home in Massachusetts. Certain people have suggested that this parcel may be forced to become subject to the HOA covenants, even though those covenants, maps and recorded deeds... View More

Christopher Tolley
Christopher Tolley
answered on Nov 9, 2022

Based on your explanation of the situation, if the HOA documents do not describe the abutting property as part of the HOA, it is not subject to the HOA covenants. I cannot think of circumstances under which abutting property could be 'forced' to become part of the HOA unless there is... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: A home seller lied about no unpermitted work in the P&S. Is there any recourse for issues arising from this?

The seller stated and signed in the purchase and sales agreement that there was no unpermitted work performed during their ownership. After the sale, it came to light that they had received stop-work orders from the town for unpermitted work and never remedied the issue. Is there any legal recourse... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 24, 2022

You should contact real estate counsel about pursuing a claim for the misrepresentation as soon as possible. The facts involved are important to establish.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I have a real estate lawyer doing my purchase and sales agreement why would he give it to the buyer's first??

The house that I am saying is a affordable unit through housing authority that I have owned for over 20 years there is a deed Rider that I do not understand but I thought I would get to see the purchase and sales first

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 12, 2022

You should talk to your lawyer about your questions and find out from them why you did not see the P & S before the purchaser and if you are not comfortable with your counsel you should seek other counsel ASAP as in the real estate sphere "time is of the essence".

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: What are my options regarding my fathers behind on many payments and about to die?

My father is 25000 behind on the mortgage and 12000 for utilities. I am due to inherit the house as stated by him and as I’m next of kin also. I don’t know exactly what will happen if he passes with debt since his cancer is bad and due to pass soon. I want to know what my options are that will... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 3, 2022

Will you be the sole heir? Is he a Massachusetts resident? If you are the sole heir, then you may be able to take over the mortgage through what is referred to as a "novation" with the mortgage company if that is something the company offers or you may be able to refinance the... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for Massachusetts on
Q: What is the easiest way to do a lease to own from parent to son?

I am downsizing and my son/wife want to own my home and we discussed 2 year lease. I am not sure how it works. What do I need to do? Do I become a landlord?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 23, 2022

There can be a Lease and a separate Option to Purchase instrument. It is unclear if you want a Right of First Refusal or an Option with a price setting mechanism.

1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Can one town foreclose if the property is in two separate communities and other town's taxes are current?

I bought a home that's 1/2 in 1 town and 1/2 in another - the dwelling is > 80% in Town A. Original mortgagee escrowed & paid property tax only to Town A. The mortgage has been transferred twice & modified once, & still the error wasn't discovered. Now, over 10 years in, I... View More

Christopher Tolley
Christopher Tolley
answered on Aug 19, 2022

I think Town B probably has a right to foreclose on its lien but my guess is it has not done so because of the issues you raised. Whether Town B does or does not foreclose, I do not see any alternative but your #1. I do not see the value of ignoring Town B. You already have no equity in the... View More

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