Legal Question in Wills and Trusts in Maryland

Selling house of deceased

How do I start to sell a property where both names listed on the deed are deceased. I am the grandaughter and my brother and I are the only heirs


Asked on 3/05/09, 4:28 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Selling house of deceased

An attorney licensed in the state where the real property is located can provide you with assistance. Probate is dependent upon the location of the real estate and not the state where the decedent made a Last Will and Testament.

If a Last Will and Testament was not made then an intestacy estate needs to be opened.

Real estate requires payment of taxes and may require other maintenace, these matters may require immediate attention to avoid further complications.

Contact today me for legal assistance. 410.750.2567

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Answered on 3/06/09, 2:02 am
Lloyd Welling American Wills & Estates

Re: Selling house of deceased

Welcome to the wonderful world of probate. But seriously though, when a person dies owning real property that is titled in their name at the time of their death it does not just automatically pass to their heirs.

Did your grandmother leave a Will? If so, are you the Executor? If there is no Will then under Pennsylvania law you and your brother would be entitled to be appointed as Administrators of her estate. You can do this either together as Co-Administrators or one of you could be appointed individually if the other person gives his/her consent.

This whole process is called probate or estate administration. Unless you have some legal/paralegal background, it is generally best to retain an attorney to assist you through this process. Not only does her estate have to be opened, but then a whole series of procedural steps and forms need to be completed and filed. You will have to advertise her estate, send out certain official notices, prepare and file an estate Inventory, prepare and file a Pennsylvania inheritance tax return, prepare and record a new Deed to the property, and, ultimately, close out the estate. If you would like to discuss this matter with me directly, please feel free to contact my law firm. Our website is www.americanwillsandestates.com and my email is [email protected]. Thanks.

Lloyd A. Welling, Esq.

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Answered on 3/05/09, 4:41 pm


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