Legal Question in Real Estate Law in Maryland

filing a wrongful detainer

my sister has taken valuable items from my mother's house. How can I retrieve them for my mother. My mother lives with me now. She also is living in my mother's house and will not give us a key(she changed the locks) I need to sell the house for my mother. I have power of attorney. I am on the deed and my mother has a life estate

Asked on 7/17/09, 10:43 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: filing a wrongful detainer

Since you have power of attorney, you could bring an eviction action in your local landlord/tenant court against your sister. First, send her a certified letter giving her 30 days to vacate, informing her that you will have her evicted if she doesn't leave. As for the personal items she's taken, you would have to sue her to get the court to order her to return the items, or if she's disposed of them, you could claim damages if you can prove value. Once you get her removed, you will be able to get the house in shape to be sold and put it on the market. Your power of attorney give you the right to sell your mother's life estate as well as your remainder interest.

As these matters can become complicated, you would be wise to hire an attorney experienced in these areas of the law.

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Answered on 7/17/09, 11:24 am

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

Re: filing a wrongful detainer

Contact me immediately for enforcement of the rights of sale and possession.

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Answered on 7/18/09, 12:07 am

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