Legal Question in Wills and Trusts in Maryland

if a home is inherited by four siblings and one moves in and you want to sell it at a later date and they do not want to move out what can you do we live in maryland

Asked on 7/02/12, 5:45 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

The law provides a solution to this type of problem, though the steps to take depend on whether or not the property has already passed through probate. If the estate is still open and the property hasn't been deeded over yet, the personal representative usually has the power to sell the real estate and divide it up among the beneficiaries. If the property is already titled in the children's names, then the law allows something called a "sale in lieu of partition" proceeding. This type of proceeding basically allows a joint owner to force a sale when one or more of the other owners don't want to sell.

Note that if the property is held in trust, the trust may restrict this general right to force a sale.

You may want to consult with an attorney to get legal advice on the specifics of your situation and to determine what options might be available to you. My firm handles such matters in Maryland, as do other firms who practice in the area of real estate litigation in this state. While I hope the above post helps, it does not substitute for legal advice.

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Answered on 7/02/12, 7:17 pm

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