Legal Question in Wills and Trusts in Maryland
My father passed away last year in Maryland. My sister and I are the only heirs to his Estate and according to his Will, we were to share all personal and real property. I want to sell my father's home. My sister is living in it, and won't buy me out or sell it. What can I do? I live in Florida.
1 Answer from Attorneys
Assuming that the estate has not already deeded the property already to you & your sibling, an estate must be opened and the property should be distributed / sold by the personal representative. In most cases the personal representative appointed by the court does not need permission of the heirs to sell property.
If multiple people are already on the title to the property, Maryland law provides a way to force a sale over objection of a co-owner by a legal proceeding called a "sale in lieu of partition" action. That route requires litigation and generally additional fees of trustees.
I strongly encourage you to seek legal advice on this matter. While my post is not a substitute for an attorney consultation and does not make me your attorney I hope that it helps answer your question. You are welcome to call my firm or another Maryland attorney of your choosing.
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