Legal Question in Wills and Trusts in Maryland

If any property was in your late husband's name only, it would be a probate asset and get disbursed under the laws of intestate succession after debts were paid. (A surviving spouse gets roughly 1/2; the law also provides for modest spousal and family allowances). Until probate assets are distributed the PR has rights to manage them, including renting property out or collecting rent that may be due. Ordinarily no spouse would ever pay rent during the marriage. To claim rent from a family member after a relative owner died, the PR would need to have some basis for the rental demand and would need to account for any rent receipts as estate income.

Your situation appears to have several complicating factors and would benefit from some legal advice. This response is not legal advice and does not create an attorney-client relationship. As with any contested estate, you are encouraged to consult with an attorney to get advice on your specific rights in this situation.

Contact me to discuss why you were removed as the personal representative for your late husband's estate.