Legal Question in Real Estate Law in Maryland

Borrowing money as a tenant in common when one party is deceased

My mother passed away in March 2000. When she died she did not have a will, but she was co-owner of a home as a tenant in common. After her death the other co-owner secured debts using the home as collateral. The home was sold in 2006. At that time, an estate was created. However, because he had incurred so much debt in his name there was no profit from the sale of the home. I would like to know if there is any legal recourse. All the debts paid from the sale of the home were his; many of them acquired after her death. Was it legal for the creditors to attach his debt to 100% of the value of the home if he only had a 50% interest? If there is legal recourse, where would I begin.


Asked on 4/23/07, 8:23 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Borrowing money as a tenant in common when one party is deceased

Once your mother died, her share of the property was part of her estate, since, according to you, it was a tenancy in common. It doesn't matter that she didn't have a will. There is no way the home should have been either refinanced or sold without the cooperation of the court-appointed estate representative. The representative should have insisted that the co-owner be responsible for the debts he incurred after your mother's death in order to protect the interests of the heirs of the estate. The estate should go after the co-tenant if he has any assets to recover the loss of profit, and the estate representative should be held accountable for apparently cooperating in the sale without securing value for the estate.

Read more
Answered on 4/24/07, 10:38 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland