In February 2023, Silverman Thompson initiated an action in the Circuit Court for Montgomery County on behalf of its client, a 105-year-old World War II Veteran.
As alleged in the lawsuit, Silverman Thompson’s client had lived in the same home since 1960, which had been owned by his parents. Following his father’s death in 1971 (the second of his parents to pass), Silverman Thompson’s client was appointed personal representative of his father’s estate and, under Maryland’s laws of intestacy, was to deed ownership of the home to himself and his five siblings.
No such deed, however, was ever prepared. In the decades that followed, all five siblings themselves passed away, while Silverman Thompson’s client continued to live in the home and pay all property taxes, insurance, and utilities. However, in August 2022 (six weeks after the death of the last of five siblings), one of Silverman Thompson’s client’s nieces sought to re-open the father’s estate, all in an effort to allow legal title of the home to pass to her and certain of her cousins. Silverman Thompson thus asked the Circuit Court to quiet title alleging, in relevant part, that its client’s five now-deceased siblings all abandoned their equitable interest in the home in the decades following their father’s death.
A trial was held in May 2024. On July 5, 2024, the Court issued an Opinion and Order in which it found for Silverman Thompson’s client. Specifically, the Court adopted Silverman Thompson’s argument that the siblings’ equitable interests had been abandoned, based upon its finding, by a preponderance of the evidence, that each of the siblings intended to abandon their respective equitable interests in the home, and acted (or failed to act) in such a way that implied that each did not claim or retain any interest in their respective equitable interests. As a result, Silverman Thompson’s client can now move forward to pass legal title of his longtime home to himself.
Silverman Thompson Partner Ned Parent represented the client in this victory. Mr. Parent leads the firm’s fiduciary litigation practice, handling disputes related to estates, trusts, and guardianships, which frequently also involve addressing unique property rights issues such as one discussed in this post.
If you have any questions about this article, or would like to discuss a potential matter related to an estates and trusts dispute, please contact Mr. Parent directly at nparent@silvermanthompson.com or at (443) 909-7500.