Legal Question in Wills and Trusts in Maryland

Based on your fact patters the house was in your mom's name alone and also did not name a beneficiary (ies). As a result it is an estate asset. Why has the house not been put in the estate?

The house could potentially be sold at tax sale.

If the nursing home filed a claim in the estate they can file suit against the estate and potentially against you for breach of fiduciary duty you did not place an estate asset into same. Remember that claim must be timely filed at the Register of Wills.

Also what did your dad own in his name alone? (as there may or may not have been a necessity to open his estate depending on the answer to this question)

You through the estate can file a case in court called a "sale in lieu of partition". If that is successful, sell or auction the house.

I am sorry to hear of your mom's passing. As the prior poster noted if the house was titled in your mom's name at the time of her death (or if it were still listed in your parents names together) it will be an estate asset. Anything titled in the deceased's name at their death should automatically be treated as an estate asset.

It sounds as though you may be shouldering the financial burden because no one is taking care of opening or administering the estate. If no estate has been opened you should do this promptly. You can petition for appointment as the personal representative and take care of the estate, recouping any costs associated with maintaining estate assets. If there is no means to pay for the house upkeep you may want to make selling the home a top priority.

The law has certain priority for payment of debts, including medical bills related to the last illness. You should bear no personal responsibility for your parent's nursing home bill unless you had some legal obligation to take care of their bills. The estate generally has the obligation to pay for the upkeep of estate assets (things like paying the water bills, etc.)

I encourage you to talk to an attorney about opening up and administering your mom's estate before too much time passes.

You will not be responsible to directly pay a bill for the nursing home unless you signed to guarantee payment.

There may be assets that need to be maintained and an estate that requires probate. Do not delay with taking action for either as this may result in a reduction of the estate.

Contact me for assistance with resolving probate.