Springfield, WV asked in Probate, Estate Planning and Landlord - Tenant for Maryland

Q: My aunt passed almost 20 yrs ago she own the home my parents moved there when she passed and also my brother my parents

Passed away a couple year's ago my brother is still living in the home my aunt didn't own the property the house sets on the deed was never switch to no one's for the house is it legal for the corporation of the property to cut the lock off the door and change the locks and with hold my deceased parents personal belongings and also my brother belongings there are in the house where he was living for years and they boarded the home up and will not let us in the home to get the belongings that are in there this is in Maryland he wasn't served with no eviction notice can we do something about this our parents ashes are in the home I need some kind of help with this..our parents ashes and belongings are all we have left of them I'm so devastated over

1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: A lot of facts missing, as well as conflicting facts in your question. First, you say, "My aunt passed almost 20 yrs ago she own the home," and then you say "my aunt didn't own the property sets on"--so, which is it? Are you saying the original seller never recorded the deed transferring the property to your aunt, or that your aunt never bought the property but was given permission to build on someone else's property, or you don't know? What corporation owns the land, and how did they acquire ownership--through a tax sale or foreclosure, or what? When the "corporation" forcibly took possession of the property, did your brother currently live there and where was he when this happened?

If he can prove residency there, then the extrajudicial forcible repossession of the property is illegal. This will involve an expensive litigation involving emergency relief to walk through both a new court filing and request for an order to stop the "corporation" from disposing of all your family's property and to attempt to put your brother back into the residence pending a legal eviction proceeding. Self-help is not allowed in these scenarios even if the "corporation" is the legal owner of the property. However, it sounds as though you want to prove your family owns the land and home, and that will involve even more litigation to quiet title and fix--if there is a basis to fix--the past title history. It may even be possible to claim adverse possession, but that depends on many facts not established here (and the claim could have been lost with the death of your aunt and parents--that will need legal research).

The point is, litigating any rights you may have will be costly. If you and your family do not have the means to finance litigation costs and attorney's fees, then you may be out of luck. If you would be satisfied with recovering all your personal property only and waiving your property claims on the land and house, then it may be possible to settle the matter by paying a lawyer to make that happen. Obviously, I would not recommend that course until you have determined whether you can raise the money to fight this if there is a legal basis to recover title to the property, and if the property value is worth the cost of doing so. Unfortunately, you do not have much time. There needs to be an emergency filing in circuit court in the county where the property is located before all your family property is disposed of, and you need to at least have a lawyer serve notice on the "corporation" to cease and desist further actions and be prepared to answer in court for compensatory and punitive damages for illegally evicting your brother and unlawfully seizing property. My suggestion is that you find a real estate lawyer who litigates contested claims in or near the county where the property is located. Good luck to you.

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