Q: In Maryland if there is no will and the estate representative doesn’t sell the home of the deceased in the allotted time
And the state takes over and puts it up for auction, does the state have to sell it at the appraised amount? There are no taxes owed , however because of other heirs Maryland State allows a certain length of time to sell and distribute all monies .
A:
What!? Get a lawyer. Find out why the state is selling the property. Intestacy has nothing to do with it. If there is an open probate and an appointed personal representative (PR), we need to ask why they have decided to forfeit the property. Is it "underwater" with the mortgage debt and taxes? Is the PR doing something dishonest? If it isn't an unredeemed tax sale that's too late, reopen the estate and sell the property. Have a lawyer review the actions if the PR to determine whether you need to petition the court to remove the PR. If for some reason the state has asserted a right to make the sale, I've got to guess it's a tax sale or a sheriff's sale. The appraisal is of limited relevance.
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation and all potential conflicts of interest will have been resolved. Until then, you have no more right to rely on this answer than if you read it in a novel.
A:
The difficulty with your post is the phrase "and the state takes over and puts it up for auction." That is not normal, so an attorney would want to understand why the state of Maryland would possibly be involved with putting up a property for sale. Now Maryland counties routinely put properties up for tax sale when the taxes aren't paid, and sell them to private parties, but your post suggested "there are no taxes owed."
Generally speaking, if the appointed personal representative doesn't do their job, the court (Register of Wills) will order the Personal Representative ("PR") to explain why they shouldn't be removed from the role. If the PR is removed from the role, someone else (such as another relative) should be appointed and carry out the duties of wrapping up the estate. The government itself doesn't sell properties in estates, that is the job of the individual appointed as a PR.
While not legal advice, I hope this response gives some general information helpful to you.
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.
