Upper Marlboro, MD asked in Real Estate Law and Probate for Maryland

Q: My mother died intestate in 2002. She left a home in KC, Missouri in poor condition that has been demolished by the city

I paid the mortgage and taxes on the property the last few years before her death. I paid off the mortgage months after her death and have continued to pay the annual property taxes on the now vacant land. I would like to put the property in my name so that I can sell it. I have 2 siblings that I know must be taken into consideration. What do I need to do to be able to title the property in my name so that it can be sold?

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: You need to open an estate for your mother, in the jurisdiction she resided in at the time of her death. If that was in the same jurisdiction as the now vacant land, do it there. Once you are appointed executor or personal representative of the estate, you can then sell the property without putting it into anyone else's name to do so: the estate sells it, with you acting as the estate's representative. You then deposit the proceeds of the sale into an estate account, and follow the procedures to distribute the proceeds to all legal heirs. If your mother did not reside in Missouri at the time of her death, then once you open the estate in the state where she resided, you must open an "ancillary estate" in KC, Missouri in order to sell the property. Either way, you will require the services of a KC estate lawyer to assist you in the process.

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.