If my mom died without a Will, what happens if my siblings and I don’t agree about what to do with her house?

UPDATED: Mar 19, 2015

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If my mom died without a Will, what happens if my siblings and I don’t agree about what to do with her house?

It’s me and my 2 brothers; 1 brother wants to sell the house. I have lived in the house for several years with my mother. The one brother stoled the deed from the house can he do anything with it? And how does it go to court so we file something?

Asked on March 19, 2015 under Estate Planning, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  If your Mom died withut a Will that is known as dying "intestate" and the intestacy statute if Maryland will apply.  You and your siblings would inherit equally under the intestacy statute.  If one of you does not want to keep the house the others could bring an action for Partition, which asks the court to divide the asset equally.  Obviously a hosue can not be split three ways so the court generally orders the house sold and the proceeds are split.  If yo and your brother wish to keep the house maybe you can buy out your other brother?  And no, he can not transfer the house unless he has himself appointed as the administrator and does it behind your back.  It may be a good idea for one of you to askthe probate court to be appointed administrator to prevent anything underhanded from happeneing.  Good luck.

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