Your question is also one of fact: who signed the note, and the mortgage for the loan?
Lenders run down property ownership records before making loans. A lender is not likely to loan money without securing its interests against all owners.
You can see who is listed on the mortgage document by checking online with the registry of deeds. If the property is in Springfield, the Hampden County Registry of Deeds will have the recorded mortgage.
John L. Roberts
You mention that your husband has health problems. By consulting an elder law attorney, you can get perspective on your planning options. The elder law attorney will explain the potential need for long term care, and the income and estate tax issues tied to your summer home. Taxation and long term care costs can cause serious problems during times of transition, but good planning can often prevent those problems from overcoming your goal to pass the summer home to your daughters.
The Massachusetts Probate Courts have published a short outline of Guardianship and Conservatorship.
If you want to “do it yourself” you can find the Guardianships and Conservatorship forms at:
But there are many issues that can come up along the way, such as Guardian’s authority to administer...
From your question, we can gather that the children are the remainder owners of home.
You mentioned that one child still lives in the home, and you indicate that the parents who own a life estate would not be competent to sign a deed, because of mental impairment. As Attorney Golden explained, no one could buy the house unless someone had the authority to sign for them, or a Probate Court authorized the sale, by way of Conservatorship proceedings.
If both parents are in a nursing home,...
To open the estate, your sister was required to send you a notice of her petition. If you are a beneficiary under the will, you should also have received a notice from the Executor. A link to an introductory article about the Probate process in Massachusetts is listed below this answer.
You mentioned that ownership of a business is part of your Mother's estate. Does the business partner have an attorney? The partner should have an attorney to represent the partner's interests.
Your question illustrates the confusion that can arise when family members take a variety of approaches to estate planning. This often happens when an elder family member does not want to offend anyone in the family, but also desires to make provisions for a child or grandchild who has provided special care.
You can read a case issued in March, 2010 when the Massachusetts Appeals Court reviewed a deed that was executed by an elder who had been cared for by one of her daughters. Another...
Are you asking this question because your parent's nursing home costs are being paid by Medicaid? In Connecticut, Medicaid is also known at Title XIX. A link to the Department of Social Services brochue is posted below.
Medicaid has nothing to do with the gifting amounts discussed in the previous answer.
If you are considering transfering money on behalf of a parent who is in a nursing home, using a power of attorney, read the court case linked below involving a daughter of a nursing...
You posted your question in Avvo’s “Debt Collection” category. Avvo sent your question over to the Wills category, an area in which I practice. As the previous answers explain, your husband’s land would pass through an estate, if he is the only owner of the property upon death.
Debt collection is a very important element of the estate settlement services that I provide to clients. Some people have gone ahead and paid off the creditors of a deceased person when they did not have to. We...
In Massachusetts, an Executor manages and distributes the estate property of the deceased person if that person left a will.
An Administrator is a person who is given the same authority by the Probate Court when there is no Will. So, you would need to open what the Probate Court calls an “Administration.” It's the responsibility of the Administrator to:
• notify the decedent's heirs
• sign papers, such as an Inventory that estimates the value of the Estate's assets
• make sure that the...