What are my father’s estate’s rights if he passed away without a Will and was married but his wife was not listed on the house so it went into the estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my father’s estate’s rights if he passed away without a Will and was married but his wife was not listed on the house so it went into the estate?

She is living in the house. I know the estate is responsible for the mortgage but is there some way the estate can be reimbursed for rent while she lived there? She eventually bought the house but it took 1 year.

Asked on May 30, 2013 under Estate Planning, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Possibly the estate can "surcharge" the wife of your late father for the rent she did not pay while she was occupying the home if a demand for rental payment was in fact made. The estate's attorney would be in best position to make such a demand for back rent and if not paid, a legal action by the estate may be the only way to get the rent demanded.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption