my wife and i had recently moved into her deceased parents home which we found was in the begining stages of foreclosure. there was no will or trust left behind. is it possible to gain full possession of the home which is in Maryland?

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my wife and i had recently moved into her deceased parents home which we found was in the begining stages of foreclosure. there was no will or trust left behind. is it possible to gain full possession of the home which is in Maryland?

my wife and i had recently moved into her deceased parents home which we found was in the begining stages of foreclosure. there was no will or trust left behind. is it possible to gain full possession of the home which is in Maryland?

Asked on November 29, 2018 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First, you need legal authority to act on behalf of the parents' "estate"--the property they left behind. If there was no will, your wife will have to apply to and be appointed by the probate court to be the administrator or personal representative (either term may be used), which is basically the executor if there is no will. Without this, she will have no legal power over the estate.
Second you would need to be able to stop the foreclosure, which will generally mean paying the loan balance in full, or getting the lender to voluntarily agree to let you pay over time or refinance.
Third, if there are any other children of the deceased, they will also be entitled to a share of the home, so even after all the above, it will likely not be do let yours unless you buy out their interests or they voluntarily give up their interests to your wife.


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