need help on house

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need help on house

my brother just bought a house last years nad pasted away aril 18th this year i would love to buy his house except i can not afford his morgage what can i do to get the house i have poor credit

Asked on May 19, 2009 under Real Estate Law, Massachusetts

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I can only answer you by asking many questions, I'm afraid.  I am wondering if your brother had a family--a wife, children?  Are your parents alive?  Did he leave a will or a trust?  I'm assuming the answer is no to all of these.  If that is the case, there will be a probate hearing set by the court to determine to whom his assets will go.  If you are his only living relative, the house and anything else will go to you, minus any debts that are outstanding and any taxes, medical bills, funeral bills, etc. that need to be paid.  If there are other living family members, such as other siblings, the court will divide the assets in accordance with succession laws of Massachusetts.  Of course, if there is a will, the property will go to whoever your brother set out as beneficiaries of the will.  Should you be given the house, you must pay the mortgage or sell the property to pay it off.


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