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.

Related Topics:
1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • 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

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.