Catonsville, MD asked in Real Estate Law and Probate for Maryland

Q: My father died in the state of Maryland without a will. What steps do I take to sell his house?

His fiancé still lives in the house, but I am his next of kin

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: I think I answered another question from you a minute ago. If your father died leaving a house and a motorcycle, and you are his only heir at law in an intestate estate, you need to open an estate, get Letters, list the house, and sell it. It is likely that there are enough assets in the estate to merit getting a lawyer involved.

Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: When one dies, ownership of his things passes to his Estate. That Estate is controlled by a Personal Representative. You must ask the court to appoint you as P.R. Only then will you have authority to administer the house.

You might also discuss with the fiance whether she wishes to purchase the house. Save yourself the marketing and real estate fees.

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