Probate and Real Estate

As a Massachusetts home buyer or property seller, you may require the assistance from a Massachusetts attorney versed in both probate law and real estate law. In addition if you are an estate representative (administrator, administatrix, executor, executrix, or trustee) you too may need help with a Massachusetts real estate transaction involving a probate estate.

Here are three (3) common examples:

  1. A probate estate is selling property.
  2. Someone is buying land or a home from a probate estate.
  3. Real estate is inherited through a will or under MA inheritance law.

There are many additional probate issues which may arise in a Massachusetts residential or commercial real estate transaction. Failure to recognize these can be a disaster. As an individual, a couple, or as the fiduciary of an estate, you should seek qualified assistance and proceed confidently in your real estate transaction. Failure to rely on an experienced attorney’s advice in probate real estate matters may end with problems.

  1. What types of problems? How can the purchase and sale of probate or estate property be more difficult and complicated?
  1. Some examples: Estate tax liabilities or chain of title issues (the history of ownership and transfers) may create hidden pitfalls you need to understand and avoid. Failure to identify and safely guard against these issues could result in liens being placed on the property you purchase. This could mean that you end up paying them. Under other circumstances it is even possible that a sale could later be rendered null and void. Here the sale is legally undone leaving a buyer in disbelief. An unsuspecting buyer may find they are left without owning the property and without the money they invested to buy it. While not nearly as severe, unidentified issues in these transactions can become costly due to delay or being called off.

Smart & Safe Solutions

Buying and selling real estate can often be the largest financial transaction you are involved with. It often involves a significant investment. Your home may be or become the most valuable asset you own. Be smart and do it right. Experienced lawyers familiar with Massachusetts (MA) probate law and MA real estate law can work with all parties involved to ensure the safe and timely success of your purchase or sale transaction. Examples of probate real estate services Wilson & Whitaker, LLC attorneys provide in MA include:
Purchase and Sales
P&S Agreements
License to Sell
Rights of First Refusal
Offers to Purchase
Real Estate Closings
Easements
Land Use
Property Litigation
Title Issues
Landlord-Tenant
Leases
Zoning
Liens
Takings
Eminent Domain
Government Boards
Contractor Disputes
Abatements
Municipal Tax Issues
Estate Tax Liens
Medicare Liens
Mechanics Liens
Estate Tax Affidavits
Estate Tax Releases
MA Estate Tax
Federal Estate Tax
Title Insurance
Breach of Contract
Workout Agreements