District Heights, MD asked in Real Estate Law for Maryland

Q: Thank you, does the estate have to be reopened for the PR to sell the home? It is currently closed.

Thank you for answering my last question. The estate is currently closed and has gone through probate and was closed many years ago.The personal representative's lawyer sent a letter certified mail saying that if the heir living in the home does not willingly agree to sell the home as an heir then the lawyer will be filing a complaint for sale in Lieu of Partition. We were wondering if it does go to litigation how long this heir will have before he is forced out as there is multiple problems currently , including Covid, and why this is difficult at this moment. Thank you.

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

A: My prior answer stands. The answer depends on whether the estate is open and who is in title on the home. If this is related to the other question I saw in which a probate was closed many years ago in PG County but the house was not transferred, then it may be necessary to reopen the probate to get letters of administration or a certificate of authority. There is no way around knowing the title and litigation status before estimating time to loss. In fact, the current heir-occupant may have significant leverage in what will become a negotiation if handled correctly.

Thomas C. Valkenet agrees with this answer

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