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Family deceased had homestead on home with attachment to deed. I surviving son have any claim to property?

Brockton, MA |
Filed under: Claims to debt Probate

father got into accident, filed bankruptcy, got homestead. attachment on home more than the house is worth and minimal assets. Should I , as son, file as administrator or can the attachment be removed. house in Massachusetts I reside in Arizona.

Attorney Answers 5


I think we need more information to answer this question. It is possible to avoid certain liens in Bankruptcy depending on the circumstances. Oftentimes I find the liens legally avoided but then nothing is recorded at the registry of deeds. To answer your question I (or anyone) would need to pull up the bankruptcy docket and search the registry based on names that you would need to provide.

If I were you I would speak with an attorney today.

Good luck.

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You'll have to contact an attorney to look into the title. Much depends on the precise timing and wording of the various documents.

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It may be possible as part of the probate proceeding in Massachusetts to "strip off" the lien if the real estate was worth less than $500,000. Please feel free to look at my profile and give me a call. It's a complicated question since the Homestead Statute Changed in Massachusetts less than 2 years ago. Best regards!

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There are a host of issues packed into this short question, and not enough information. Any lawyer would need to know the terms of the deed to the house, the status of the litigation creating the attachment, the status of the bankruptcy, and the terms of the homestead before beginning to opine an answer.

In my office I can access all of the online registries of deeds, the Superior Court online docket , and the Federal Court docket, so unless (a) the house happens to be in one of the non-accessible counties or (b) the attachment originates from a District Court lawsuit, I could look up most of the information from the comfort of my office chair. When you contact lawyers (which you should), be sure to find out what information they can dig up for you since, as an out-of-state client, getting access to those documents will be difficult, and without accurate information you may not be able to preserve the equity in the house if it is at all possible to do so.

Good luck. You may find that spending a couple of hundred dollars now on a consult will save you a lot more money in the form of equity in the house later on.

This message does not contain confidential information, is intended for the discussion of abstract legal issues, and does not create a co-counsel or attorney-client relationship in the absence of a written fee agreement. Do not post a reply to this message with confidential information. If you wish to communicate confidential information, you should contact me directly at; I would be happy to offer a free consultation concerning your case.

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Much more information is needed, but, depending on whether there is some sentimental value in the home, or value to you in owning it, you need to retain counsel. Our office administers estates on behalf of individuals in Massachusetts and throughout the country who own property here in Massachusetts. In order to properly deal with the property, you will need to be appointed administrator here in Massachusetts. Once you are appointed, you will be able to settle debts and deal with the real estate. Good luck, and I'm sorry to hear you have lost your father.

Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on generalized Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. If you would like an attorney with Vaughn-Martel Law to review your specific situation and provide you with legal options or information specific to you, you may schedule a telephone or office by calling 617-357-4898 or visiting us at Our office charges $100.00 for a consultation, and applies your consultation fee to your first bill if the Firm is hired to perform further work.

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