Home DONNA BRENNAN v. DIANE BURKE, SANDRA McINTOSH, and RIGOLI REALTY TRUST.

MISC 15-000010

June 13, 2019

Barnstable, ss.

LONG, J.

JUDGMENT

For the reasons set forth in the court's Decision of this day, it is ORDERED, ADJUDGED and DECREED that the present value of Ms. Brennan's life estate is $101,610.70 and her remainder interest has a present value of $81,097.34, for a total of $182,708.04. Ms. Burke's corresponding figures are $89,754.11 (the present value of her life estate) and $202,743.33 (the present value of her remainder interest) for a total of $292,497.44, and Ms. McIntosh's corresponding figures are $22,051.19 (the present value of her life estate) and $202,743.33 (the present value of her remainder interest) for a total of $224,794.52. Ms. Brennan was not ousted from the property and is thus not owed any rent for that reason. For equitable and other reasons, no one is owed any contribution towards any "disproportionate" amount of maintenance, renovation, or improvement to the property they may have paid or caused. There are thus no adjusting set-offs. Accordingly, Ms. Burke and Ms. McIntosh may buy out Ms. Brennan's interest, in its entirety, for $182,708.04. How Ms. Brennan's interest is re-allocated between Ms. Burke and Ms. McIntosh is not adjudicated in these proceedings.

If buy-out does not occur within 90 days of this Judgment, interest on the buyout amount shall begin accruing from and after that date at the statutory rate (12% per annum) see G.L. c. 231, ยง6C, thus increasing the buy-out price thereafter by that amount. No interest shall accrue before the end of that 90 days. If buy-out does not occur within six months of the date of Judgment, Ms. Brennan may purchase Ms. Burke's and Ms. McIntosh's interests at the values set forth above.

SO ORDERED.