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My husband passed away without a Will and he has one adult daughter. I live in MD in my husband house and the title is only in

Clinton, MD |

His name. Can his daughter put me out the house?

Attorney Answers 3


  1. You should open up probate at court for your husband's estate, and ask the court to appoint you as your husband's personal representative of his estate. Whether the daughter can put you out of the house will depend on who ends up with the house. This will probably be a battle between you and the daughter, so get yourself ready for what is coming. I recommend you consult with an attorney who regularly practices in probate and litigation of probate and estates. I will add a tag line to open up your query to attorneys who can help you.

    This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.


  2. Consult a probate attorney. By operation of law, without a will, assets will pass through the probate process to the deceased's heirs in a certain order. You might have rights in the house as his surviving spouse.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


  3. It is possible both you and your step daughter may have rights of ownership when all is said and done. It depends on how many other assets your husband owned at his death. The short answer to your question is that it can't be answered without more information. The only sure thing is that since the house was titled in your husband's name alone and he has died the title can't change without the court overseeing the administration of his estate (probate). You would benefit from consulting an attorney who can review all of the relevant facts and circumstances and advise your appropriately.

    Any answer provided in this forum is not offered as legal advice upon which you can rely without further discussion of the facts and circumstances of the particular situation. Sometimes things you may think are unimportant (and you don't disclose them in your posting) may make a big difference in correctly analyzing the issue. There is no substitution for a one-on-one consultation with an attorney, and you should not take this answer as such.

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