Legal Question in Wills and Trusts in Maryland

My mother just passed away. The house I am living in became mine because it was deeded right of survivorship between she and I . The gross estate needs an appraisal, the lawyer for her estate insists that the appraiser needs to go through my house, even though the comptroller for the state of Md. would be satisfied with an exterior appraisal. Don't I have a say in this matter?


Asked on 4/10/14, 4:10 pm

2 Answers from Attorneys

Cedulie Laumann Arden Law Firm, LLC

I am sorry to hear of your loss. Ideally any lawyer representing the estate will be able to explain what needs to happen in a clear way but sometimes things get lost in translation.

In Maryland it is perfectly fine to use the tax assessed value to appraise real estate itself but to value the contents of a home, an appraiser must go inside the home (or wherever the contents are located). Unless the house was vacant without furnishings, it is reasonable to require an inside inspection since there is no way to value personal property (things like furnishings) without an actual inspection of these items.

The Personal Representative definitely would have a say on who the estate hires to do such things (or who the estate chooses to use as an attorney) though it is not clear whether you are the Personal Representative.

I hope that this general legal information helps though it offers no specific legal advice.

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Answered on 4/10/14, 7:24 pm
Thomas Valkenet Young & Valkenet

If you did inherit by deeded right of survivorship (and only a reading of the deed can confirm this), then it is not the house he is appraising, but perhaps the contents. I detect just a basic misunderstanding. As sole owner (assuming you are correct), you do have a say in who enters the home. Similarly, the Estate has rights of access to the decedents belongings. Your deed may have passed title to the real property, but it doesn't operate to pass ownership of the personal property.

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Answered on 4/11/14, 6:52 am


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