Indianapolis, IN asked in Estate Planning, Real Estate Law and Probate for Maryland

Q: My father's will listed the attorney as personal representative. I am only heir. There is no mortgage.Can I keep house.

I can afford to pay his debts, ie.funeral, and nursing home. The attorney wants to auction the house off. How can I become

the representative.

1 Lawyer Answer

A: Without seeing the will it is impossible to answer this. Does the will REQUIRE the sale of the assets? Are you listed as an alternate personal representative? What other assets are there to pay the bills?

You need to seek local legal representation to review the documents and the facts and determine what you should be doing. It seems if you simply communicated the desire to keep the house to the PR things might go more smoothly. Have you done that?

If you aren't comfortable doing that you really NEED to get local legal representation!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.