Legal Question in Real Estate Law in Maryland
real estate
My daughter inheirited a home in maryland (but lives in delaware.)
when her grandfather passed.
his son has resided in the home for 20+ yrs, and she wants him out so she can sell it but he won't leave
she filed for eviction,went to court and the judge to them both they needed lawyers and dismissed it
what are her rights as an executor of the will as well as being the personal representative
1 Answer from Attorneys
Re: real estate
The judge was wrong to dismiss the case just because neither side had counsel; it should have been postponed if either side expressed an intention to hire an attorney. However, if the son is trying to assert an ownership interest in the property under the doctrine of adverse possession, your daughter definitely needs to retain an attorney to protect her interest in the property. If the son does not have a valid claim, then an eviction action would be the proper way to remove him.
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