Q: How long would the process take of making a complaint for the sale in Lieu of Partition in Prince George's county, MD?
An elderly disabled person is being forced out of his home that he lived in all of his life by the personal representative. The home had been closed with probate many years ago, and it's still closed, but the personal representative has now decided to sell the home after all this time. The home is still in his late parents' name. The home is in Prince George's county. We understand that she has a right to do this but how much time will the process take to file a complaint for sale in Lieu of Partition to get an idea of how long he can comfortably move and remove his belongings during this upcoming winter and increased danger of Covid. Thank you.
A: Your posting does not provide sufficient information for a reliable response, and I suggest that you review all of the facts with counsel during a consult. If the house is titled to the decedent, and there is an open estate with a qualified PR, there is no need for a complaint for sale in lieu of partition. The PR merely lists the property and asks the court to proceed with an eviction. My guess is that the elderly occupant is one of the heirs and the estate cannot afford to pay its bills without selling the house. The correct defense is to file something to challenge the PR’s need to sell or to challenge the eviction during Covid. Otherwise, the PR already has the power of sale unless there was a Will and it denied the power of sale.
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