Legal Question in Wills and Trusts in Maryland

Re: Inherited house and contents, house not in my name

You definitely need an attorney to assist you. (Please feel free to contact me, see below.) You don't say who is the named personal representative, but it does not sound like they are acting properly in a fidcuiary capacity. You could petition the court to be named substitute personal representative. If so, you might be entitled to reimbursement for attorney's fees connected with administration of the estate. These would come out of estate proceeds.

In any event, I will assume the house was owned by your partner and his sister as "tenants in common". (Probably from their parent or parents?) That means that each was entitled to a 50% share which would have to go through probate (i.e. would not pass by right of survivorship).

It is clear from your facts that you are at least entitled to a claim to 50% of the house, but you do need to open the estate to have that ascertained by the court. As to the deceased sister's 50% of the house, you do not say when she died (i.e. before or after your partner), but assuming she died prior, you do not indicate whether her estate was ever probated. Her share of the house may or may not have passed to your partner, or there may be other parties who could make a claim to it.

If you are the current occupant of the house, in addition to opening probate, you should file a "quiet title" action, in which you petition the court to resolve legal ownership of the house. What you are seeking is for the court to issue a Deed in your name, which can then be filed with the land records establishing your legal ownership of the house conclusively.

The difficulty of doing this will depend on whether there is anyone else who cares to make a claim against the house. Obviously, if there is anyone else, they will need to prove it.

Your lawyer will also probably advise you to have a title search done, to determine whether there are any other interests of record against the property.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Inherited house and contents, house not in my name

The house will change title only through probate. You do not have an option here.

If the PR is not cooperating then there are actions that you may be able to take to get action from the PR.

For additional information, see my prior responses to other questions. If you should require legal assistance, I can be contacted at (410) 799-9002 or by return e-mail.