Intestacy , quit claim deed , confusion.....

[Jerry2678]

Jurisdiction

Massachusetts

Hello all ,

Recently , my Aunt suddenly passed away. She was paying off a house that she aquired when my grandmother passed away , which was our family home. She had to get a new mortgage for whatever reason , but that's not the issue.

Now , my Aunt was married at her time of death , but the situation becomes very complex ( to us family members ). She went through the divorce process , and decided to void the divorce at some point during the divorce waiting period (?) because she couldn't afford her meds and medical treatments without her husband's health insurance. ( That's what she told us why she cancelled the divorce , who knows )

At some point her husband signed a quit claim deed , I'm not going to pretend to know what that is. I know it made my Aunt solely responsible for that house and the payments.

The house is behind in payments and foreclosure notices have been issued , but I believe my uncle or whatever he was can handle the back payments. I have another Aunt that is capable of paying the back payments that are owed and capable of paying off the balance of the house , and she is willing to do so ONLY if my Mother is able to somehow find a way around the MA intestacy laws and occupy the house.

So I guess I just want to know , is there anything my Mom can do to occupy and own that home , or does it just automatically default to my aunts husband even though he signed the quit claim deed? Anyway around this in a court room if the latter is true?

 

[army judge]

No one owns the home until the lienholder has been fully compensated.

The mortgage died upon your aunt's death.

Any equity your aunt may have acquired in the home goes to her estate.

Who inherits what from her estate is determined by the intestacy laws of MA.

Read what a MA attorney says about intestacy in MA:

When There is No Will | What Happens in Massachusetts? - McNamara & Yates P.C.

 

[Jerry2678]

No one owns the home until the lienholder has been fully compensated.

The mortgage died upon your aunt's death.

Any equity your aunt may have acquired in the home goes to her estate.

Who inherits what from her estate is determined by the intestacy laws of MA.

Read what a MA attorney says about intestacy in MA:

When There is No Will | What Happens in Massachusetts? - McNamara & Yates P.C.

Ok , I read through the link. When you say the mortgage died when my aunt did , does that mean the house goes back to the bank?

If so when can my other Aunt buy it? When will the bank evict her husband out? To be honest I doubt the bank even knows she died. My mom and aunts aren't the type to tell that kind of stuff because they believe that would be her husband's thing to do.

 

[army judge]

The lienholder is owed money.
If the note is unpaid, eventually the lienholder will foreclose.
When foreclosure begins, people could bid to buy the home.

If your aunt carried "mortgage protection insurance", the debt would be settled by the insurer.

Do You Need Mortgage Protection Insurance? | Bankrate.com

The smart play if someone were living in the home is do what the three little pigs did, move out to build (or rent) your home.

My deepest, sincerest condolences as you grieve the loss of your beloved aunt.

May she now rest in peace for all eternity.

 

[Jerry2678]

Thank you. I hadn't seen her in many years , it just turned into a sad situation all around with the man she married. The home is the home my grandparents bought and raised their kids in , my sister and I were also raised there.

My mother is very fortunate to have a sister who will buy the house for her , if legally possible , so it can remain with our family and not the mistake my Aunt married.

 

[zddoodah]

At some point her husband signed a quit claim deed , I'm not going to pretend to know what that is. I know it made my Aunt solely responsible for that house and the payments.

It's curious that you proclaimed that you won't "pretend to know what a quitclaim deed is" but then you did exactly that. A quitclaim deed has nothing to do with "responsibility" for the property or mortgage payments. A quitclaim deed is a deed by which the grantor conveys any interest he/she may have in the subject property to the grantee, without any warranties or representations. In layman's terms, a quitclaim deed essentially says, "if I have any interest in this property -- and I'm not claiming to have any interest -- I convey that interest to you."

is there anything my Mom can do to occupy and own that home

This is sort of an odd question in light of everything that came before. Needless to say, however, we have no way of knowing what your mother is capable of doing.

or does it just automatically default to my aunts husband even though he signed the quit claim deed? Anyway around this in a court room if the latter is true?

Since you made multiple references to "intestacy," I'll assume your aunt died without a will. I'll also assume for the time being that your aunt and her husband were still married at the time of her death (although the information you provided about a divorce is a bit confusing). Also, since you didn't mention any children, I'll assume your aunt had none, either living or dead.

Under Massachusetts law, when a person dies without a will and is survived by a spouse but no descendants or parents, the surviving spouse inherits the entire estate. In your aunt's case, the fact that her husband signed a quitclaim deed has no relevance. That deed only conveyed any interest he had in the property at that time. It did not also convey any potential interest he might acquire in the future (absent express language to that effect, which would be highly unusual).

You mentioned that your aunt's mother (your grandmother) predeceased your aunt, but your post is silent regarding her father. If her father also predeceased her, then that's the end of the analysis. However, if your aunt's father is still alive, then her estate would be divided (not 50/50) between her surviving spouse and her father.

The house is currently owned by your aunt's estate. It doesn't sound like anyone has taken steps to probate the estate. If your mother or anyone else wants to buy the house, then she will have to buy it from the administrator of the estate. Ultimately, what will become of the house is pretty much entirely up to your uncle.

 

[Jerry2678]

Thank you. Just found all that out on the phone. It's pretty sad for sure. I guess my other Aunt can attempt to buy it off of my uncle , but he would have to pay the balance of what he owed out of the money he received. I'm not exactly sure how wealthy my other Aunt is , I don't know if she would over pay for the house just so he could get an amount he would feel comfortable with giving it up.

Time will tell I guess.