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Posts tagged "real estate"

Partitioning Real Estate Owned By A Trust

Trustees sometimes face beneficiaries disagreeing about how to maintain real estate owned by a trust, such as a family vacation home.  But does a trustee have standing to bring a partition action to sell Massachusetts real estate?  Likely not.  

As a Trustee, Can You Partition Real Estate Owned by a Trust?

Trustees sometimes face beneficiaries disagreeing about how to maintain real estate owned by a trust, such as a family vacation home.  But does a trustee have standing to bring a partition action to sell Massachusetts real estate?  Likely not.  

As a Personal Representative, Do You Have to Sell Real Estate?

The largest asset in an estate is often real estate, such as the family home.  Sometimes the decedent owns additional real estate, such as a vacation home or an income-producing rental property.  What happens to such property varies in every situation and poses different risks for the Personal Representative.  The most straightforward situation is when the decedent leaves real estate through a Will to a devisee, such as a parent leaving the family home to their children.  Upon the parent's death, the real estate transfers to the children to whom it was devised through the Will, subject only to certain allowances, rights of creditors, elective share of a surviving spouse, and administration.  See M.G.L. c. 190B, § 3-101. 

As a Personal Representative, Do You Have to Sell Real Estate?

The largest asset in an estate is often real estate, such as the family home.  Sometimes the decedent owns additional real estate, such as a vacation home or an income-producing rental property.  What happens to such property varies in every situation and poses different risks for the Personal Representative.  The most straightforward situation is when the decedent leaves real estate through a Will to a devisee, such as a parent leaving the family home to their children.  Upon the parent's death, the real estate transfers to the children to whom it was devised through the Will, subject only to certain allowances, rights of creditors, elective share of a surviving spouse, and administration.  See M.G.L. c. 190B, § 3-101.

Virtual Tort, Actual Personal Jurisdiction

As a society, we continue to realize the potential for on-line conduct to have real-world ramifications - something the Middlesex Superior Court further illustrated recently in the context of personal jurisdiction - in the first such opportunity for a Massachusetts trial court to do so. In Taylor v. Taylor, MICV2012-01222, 2013 WL 5988569 (Mass. Super. Ct. 2013), a Massachusetts couple ("Plaintiffs"), alleged their daughter-in-law ("Defendant"), who lives in Florida, engaged in a coordinated campaign to defame them and harm their Massachusetts-based real estate business after she lost a series of motions in divorce proceedings against the Plaintiffs' son in Florida. In their Complaint, the Plaintiffs claimed that Defendant, with the help of a private investigator (also a defendant, with his corporation), made a series of identical on-line postings on consumer websites, purportedly written by a disgruntled former employee and warning potential Massachusetts real estate customers to "[a]void [the Plaintiffs' real estate company] at all costs unless you want to fall victim to another couple [J]ewish scammers." According to the Complaint, these postings further claimed that Plaintiffs both take advantage of their employees and "perpetuate the brainwashing of thousands of innocent, hard working people."

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