Q: Can I sue my father

A: I'm sorry for your loss and the difficult situation you're facing. Suing your father is a possible option, but it involves several factors. Since your mother had a judgment against her for the apartment, you would need to establish your own legal standing to hold your father responsible for the unpaid rent.

You should consider the specifics of your lease agreement and local tenancy laws. Even though your father wasn't on the lease, allowing him to have keys might create some obligations. However, the responsibility typically falls on the leaseholder, which was your mother.

It would be wise to consult with a legal professional who can review your case in detail. They can provide guidance on the best steps to take and help you understand your rights and options in this situation. Taking prompt action can help address the mounting balance and find a resolution.

A: Your mother does not owe anything, and neither do you. Your mother's estate would be the only possible entity that owes anything to a creditor. The landlord is now a creditor of the estate, assuming that your mother's death did not automatically terminate the lease and end the obligation to pay rent. Assuming the lease has no provision addressing the issue of rent owed in the event of death, and if the lease term is not yet ended, the landlord can proceed with a distress for rent action to regain possession of the premises and evict anyone in the premises, as well as seize and sell any property found there to apply to the unpaid rent. In addition, the provisions of MD Code, Real Property, § 8-212.2, may apply, which permits cancellation of a lease term by serving a certification by a physician that the tenant can no longer reside theire due to a medical condition, and caps the amount of rent due to two months rent. The certified Maryland Death Certificate signed by the Maryland Medical Examiner should suffice to meet this requirement.

One thing to bear in mind: as a creditor, a landlord can only proceed for past due rent against the estate, and the only way a claim against an estate can be brought is by filing a written claim form in the probate estate action opened in the Register of Wills. The outer deadline for any creditor to file a written claim against the estate is the earlier of: 6 months from the date of death, or 60 days from the date notice of appointment of the PR is served on the creditor. Therefore, if your mother passed in July, the landlord only has until January 2025 to file a formal claim, unless the shorter 60 day time limit applies. In a situation like this, you simply wait out the time limit and then, if a claim is filed late, you deny it as untimely. You do not really care about what happens to your father or how long he strings out the eviction process. In all likelihood, the landlord will nbever obain a judgment against the estate or file its mandatory written claim in time with the estate. Mailing the PR off an estate a demand letter or bill is not the same as filing a claim.

Finally, claims of creditors are paid last out of an estate. First the probate fees, administration expenses (bond premium, publishing costs), reimbursement of funeral and burial expenses, residential trash and property removal costs, income tax return preparation for the decedent's last tax year, the PR's hourly time charged for services, any estate attorney fees, etc., all get paid in advance of creditors. If the estate has little money, then it is unlikely that, even if the creditor does file a timely claim, there would be any assets left to pay it.