Legal Question in Real Estate Law in Maryland

If the owner of the home died without passing the property by a will (that person died "intestate"), then the property automatically passed by law to the heirs as set forth in the Maryland intestacy statute. Typically, the property would first pass to a spouse, and if no spouse was alive at the time the owner died, to the children.

With that said, it's likely that the kids own the home and the kids are being foreclosed. Regardless of the semantics, once the property is foreclosed, the kids will be evicted from the home. If the home fetches more than the mortgage due on the property (stated differently, if the property is "under water"), then the heirs will be entitled to that money -- but in this economy, I wouldn't count on it.

Consult an Maryland real estate or probate attorney with the specifics of your case. Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.********