Legal Question in Wills and Trusts in Maryland
My hother passed away on October 19, 2009. She left a will in which it is stated that the house she lived in would be split evenly for the ownership thereof between myself and my sister. The house was in my mother's name for her to live in and own for the duration of her life. ( A life estate or life tenancy.) What happened was that my sister had mesign a form giving consent for her to act as the personal representative or executor of the will. I did not understand the implications of signing that form at the time I was directed to sign it. Signing that form is not something that I would have done on my own. I realize that that may be difficult to prove. In any event, the decision has been made by my sister, brother-in-law and mymother that it would not be in my best interest to take on the ownership of that house. I understand that there are a lot of responsibilities and expenses involved with that. In line with that I am being directed to find a place of my own. I have a couple of very serious problems with that. One, I am the only family member who still has personal belongings in that house. I have to find some type of way to move that stuff out or throw it out. I don't believe that that is right that I have to do that. Second, I signed that release of consent form without really understanding what I was signing at the time. Third, I don't think that it is fair that the decision has been made to liquidate the house and the property by selling it. I know that it took a lot of work to buy that and keep it maintained over the years. Basically I am being forced to move out of this area because I am being told that it is in my best interest to do so, rather than try to hang onto the house that my mother lived in. The money from the inheritance will not be enough, I am relatively sure, to pay for living in a condominium as I have been directed to do a number of times. I just don't like the fact that keeping my share of the house is not an option and that the house will be sold without asking me whether or not that I agree that that is in my best interest. I am not at all convinced that that is the thing to be doing. Is it worth challenging the appointment of my sister as the executor of the will? Is there anything else that I can do to protect my 50% share of the house and what is done with it? To me the simplest solution would be for me to move into that house and maintain it. There is no wording in the will about whether or not the house will be sold.
1 Answer from Attorneys
The title of the house and the manner of how it is to be dealt with through your mother's will are questions that I have. A life estate in real property cannot be transferred through probate. I am available to review the documents and provide you with advice.
It sounds like there are several family members who are fighting over the estate of your mother. These matters can be difficult but your legal rights need to be defended. Contact me to discuss you legal needs.