Legal Question in Real Estate Law in Maryland

House was in life estate and now she wants to give it back to husbands children. Found out there is tax lien against it. She refuses to pay taxes and wants to give back now instead of reverting back at her death. Have 2 weeks to take care of everything before house is auctioned off because of tax lien for 2 years of unpaid property taxes (Balto County, Md) . She won't make effort to change deed back over to children (adults) names. Don't know what to do.


Asked on 11/14/12, 4:21 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Thank you for your post. At the outset, it isn't clear whether the deed you refer to is a life estate deed with or without powers. That makes a difference.

It also isn't entirely clear what you mean by "wants to give it back now" -- I assume the life tenant suggests a transfer to the remaindermen? (Generally the life tenant is the former owner but it the "give it back" seems to suggest that the life tenant isn't the original owner).

Assuming the ultimate owners (the children / remaindermen) want the property, this type of transfer often is an uncomplicated and basic matter of drawing up, signing & recording a new deed. Obviously the taxes will need to be paid. Depending on how the original deed was structured this may need to be signed by everyone or just the life tenant. So long as a mortgage isn't involved and all parties are competant, deeds can usually be turned around relatively quickly. My firm offers such deeds for a flat fee of $200 plus gov't recording costs, or you could contact another firm/attorney of your choosing.

While I hope the general legal information above helps, please understand that it is not a substitute for legal advice or review and does not create any type of attorney/client relationship or promise of legal services.

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Answered on 11/14/12, 5:42 pm


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