Without a Will, everything has to be done by agreement among the natural heirs (sons). Assuming they’re in agreement that the house should be sold, there will be a Realtor and probably an attorney involved at the location of the sale. Contact with the son in NV can be done by phone, email, Skype, Fax, etc.; it’s not as if they’d have to negotiate by U.S. Mail! I see no need for him to have a designated representative - “attorney-in-fact” - in MA, especially an interested party. He should communicate verbally and in writing with his brothers (a paper trail is always best), and sign documents only for the executor, Realtor, and/or closing agent. All these parties are government by state regulation and are bonded.
We have an attorney on the NC Forum. With permission, I’ll copy your question and see what he says.
Please do. The youngest son feels the daughter of the middle son is trying to finagle his (youngest) share out from under him, and he is not signing. Period.
The house has to be sold because the mortgage is seven months in arrears and while there is no foreclosure notice, they stand in clear danger of losing the inheritance of the house sale.
The middle son has never done an honest days’ work in his life and is on disability. He took the money for the funeral expenses and spent it ($6,000) and it could have been applied to the house or the funeral, or split between the two.
The oldest son is the executor, but he has already signed away his share, after telling his baby brother not to sign. I wonder if that was even legal. And he’s in Kentucky...
“We have an attorney on the NC Forum. With permission, I’ll copy your question and see what he says.”
Best advice you are going to get, Face. You need a RE atty who also is familiar with Mass RE laws.The cost will be small, when divided up.