Essex, MD asked in Real Estate Law, Probate and Small Claims for Maryland

Q: A house owned by a deceased parent and 4 siblings on the deed with one sibling refusing to sign off on the sale.

Four siblings are on the deed, nothing in the will mentions anything about property. One sibling refused to sign off on sale resulting in legal expenses and a trustee being assigned. Is there anything I can do to recover legal fees incurred?

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: Virginia law is express about charging the legal fees for a petition for sale in lieu of partition to the cost of sale borne by all co-owners. I have gotten Maryland courts to award that as well, but it is fact-specific. Consult your lawyer about whether it is worth the legal cost of pursing reimbursement of legal fees.

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