Q: As a Successor in Interest am I obligated to open an estate just to sell a home
The mortgage company says I am able to do whatever I wish with the home but the realtor is unsure if opening an estate is necessary. I never opened one because I was told it was not necessary by the probate court in 2020 after my mom passed away.
A: The answer will depend on where your mother resided when she passed and where the land is located. In Maryland, you will need to open an estate to transfer the property from your mother to yourself or the buyers. The mortgage company is required by banking law to accept the heirs' payments, but the title company cannot transfer title from a mere presumptive heir. Whether you are a successor in interest is a question of law, unless, of course, the property was in trust and not owned by your mother, in which case, you really might be a successor in interest. You need to lay this out with a lawyer in what should be a fairly brief conference.
A: The mortgage company can't direct your actions. And unless you are named in the deed as a co-owner of a certain type, or a remainderman, you are considered a stranger to title. No title company will pass title without the signature of an "owner," or "personal representative," or "special administrator." For similar reasons, a broker will require the same signature to assure they are paid commission.
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