How one couple’s overlooked cabin turned into a costly, two-state probate case
A Real Story from My Office
Last week, I met with a man who thought his estate plan was in good shape. His wife had passed away a few years ago, and they had done some planning together before she died. Their home in Massachusetts was held in a nominee trust, which is a common way to avoid probate and simplify things for the family.
But no one asked them an important question:
Do you own property in another state?
They did — a small hunting cabin in Maine. And that cabin became a big problem.
One Missing Line on the Deed
When they bought the Maine cabin years ago, the deed didn’t include the phrase “joint tenants” or “with rights of survivorship.” In Massachusetts and Maine, if that language is missing, the law assumes the owners are tenants in common — which means each person owns their half separately.
So when his wife passed away, her half of the cabin stayed in her name. It didn’t automatically pass to her husband.
The Cost of a Simple Mistake
Now, years later, the husband decided to sell the cabin. He found a buyer, signed a contract — and was told by the Maine attorney that he couldn’t move forward.
Why? Because half the property was still in his late wife’s name.
To fix the issue, he now has to go through two probate processes:
- First in Massachusetts, where his wife lived
- Then in Maine, where the property is located
The worst part? The buyer backed out. The sale fell through.
All because of one missing phrase on a deed — and a question no one asked.
A Five-Minute Fix That Was Missed Twice
This problem could have been avoided in two different ways:
- When they bought the property, the real estate attorney should have asked how they wanted to hold title. Adding “joint tenants” would have made a huge difference.
- When they created their estate plan, the estate planning attorney should have asked if they owned any out-of-state property. That would have raised a red flag.
Either moment could have triggered a simple five-minute deed review — a quick check of the title that would have saved months of delay, thousands in legal fees, and a lost sale.
What You Can Do Right Now
If you own property with someone else — whether a spouse, a family member, or a friend — take a few minutes to locate your deed and check how it’s titled. Look for words like:
- “Joint tenants”
- “Tenants by the entirety”
If you don’t see those, your estate may not be protected the way you think it is.
And if you own real estate in more than one state, talk to an estate planning attorney who understands how different states treat property after someone dies. What works in Massachusetts may not work in Maine, Florida, or New Hampshire.
Planning Ahead Saves Time, Money, and Stress
The lesson from this story is simple: A little planning goes a long way. One overlooked property, one missing phrase, or one unasked question can cause a major legal headache later on — especially when someone passes away.
An experienced estate planning attorney will ask the right questions and look at the full picture.
If you’re not sure how your property is titled — or you haven’t reviewed your plan in a few years — now is the time.
Need Help?
At Cote Law Group, we help families across Massachusetts protect what matters most. We’ll review your deeds, check your documents, and make sure your plan works when it’s needed most.
Contact us today to schedule a consultation.