Legal Question in Wills and Trusts in Maryland

My deceased mother resided in Maryland. My sister and I were added to the deed so we own the house. Can the property be seized to pay off debts (other mortgage) if there was no lien on it prior to my mother's death?


Asked on 8/04/15, 8:31 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Generally, no, if the deceased owner had no judgment liens against her before the title changed hands, the creditors should have no right to put a lien against the house once it is in other people's names. However, in certain situations if property is transferred to avoid a known creditor the creditor can get at assets transferred for less than full consideration. (In other words, someone cannot quickly give away property to family or friends to hide it from known creditors -- a transfer to avoid known creditors is known as a fraudulent conveyance and the creditors can set it aside as if the gift never happened).

In the ordinary course of an estate creditors have a time frame -- either 2 months after notification or 6 months after death -- to assert claims against the decedent or property in the estate. That being said, if the government paid medical bills, the State has a more generous time frame and greater ability to put a lien against a home.

You're encouraged to consult with an attorney about the specifics of your situation but I hope this general legal information helps.

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Answered on 12/23/15, 5:54 am


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