I have quite a unique situation on my hands and am looking for some guidance moving forward.
My girlfriend [Sarah] and I live together in a two family home. This house was willed to Sarah's Grandfather, and his sister, as a one-half undivided interest back in 1963. Sarah's Grandfather passed away several years back and named Sarah as executor of his estate. The sister of Sarah's Grandfather passed away in March of 2017 and her son [Ricky], who had lived with his mother at the time of her passing, is still living upstairs.
Ricky is a middle-aged, unemployed, habitual drug user who has caused nothing but headaches for myself and my family.
We are looking to sell the house and move on from the situation but we are at sort of a standstill.
In doing some deed research we discovered the one-half undivided interest on the property. We have looked on the probate court's website for Ricky's mother's will but there was nothing to be found (we found Sarah's Grandfather's so we knew we were looking in the right place). This means that Ricky's mother did not have a will or he has it and never probated the document(s).
As per the documents that Sarah has and the research that we have done with regards to one-half undivided interest laws in Massachusetts, if Ricky's mother did not have a will stating the [he] be named the executor of her estate or did not have a will at all, than the property falls to Sarah.
How do we go about asking the court to have Ricky probate her will? And if she did not have a will, how do we go about finding that out without asking Ricky and causing any further issues?
Any advice on this messy situation would be greatly appreciated.