Berkeley Springs, WV asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Maryland

Q: My mom passed in 2015 she had living rights to her sisters property she passed before my mom so my cousin owned it he

Sold the property in late October this year not once over that time did he ask me about it or let me know I had a time frame to get it cleared out I wrote him a week or 2 ago and asked about getting my moms stuff he said it’s gone it went with the house sorry ! I was like why didn’t you let me know he said I figured you had everything you wanted . Sorry so all my moms things are gone is there anything I can do I jut feel like I should be compensated or just be able to get the things I wanted I wasn’t planning on leaving a mess for anyone my mom had her things and my uncles and aunts things as well so I’m truly lost how family can be like that it’s not right or fair all he had to do as make a phone call do I have any rights? The property is in Oldtown ,Md Alleghany county

I live in Morgan county Paw Paw Wv he lives in Capon Bridge Wv

Thank you for your help

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

A: Your mom passed in 2015, and you never once in 5 years asked about her belongings? The house only sold this past October? I think any court would find you waited too long to assert your rights, and the property left in the house was abandoned. An estate should have been opened for your mother, and the personal representative should have gathered all property and distributed it among the heirs, either according to her will or to the heirs at law. The time to open the estate was back in 2015. It was not your cousin's responsibility. You would have had priority of appointment as PR of your mother's estate over your cousin, and only a PR can sue anyone for loss of estate assets. By now, the statute of limitations has run on any claims.

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