Silver Spring, MD asked in Estate Planning and Landlord - Tenant for Maryland

Q: Grandma/Hubby both on deed. Grandma died & hubby is nonverbal & in LTC. What documents needed for his son to put us out?

Son hasn’t presented any POA, inheritance, guardianship documents but says the premises must be vacated. Step grandfather has been nonverbal for about a year and my grandmother was his POA up to her death on 9/7/19.

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

A: If he’s not POA, then he cannot act on his father’s behalf unless he petitions a court to appoint him guardian over his father and his property. Assuming he is one of those, he will have to serve 30 day notice to vacate before he can file a complaint for judgment of possession and a court date will be scheduled. If awarded possession, a writ of possession will be issued to be served by the Sheriff for eviction. Only a Sheriff with a writ can evict you.

Cedulie Renee Laumann agrees with this answer

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