Legal Question in Wills and Trusts in Maryland

when my mother passed there were 4 names on the deed to her home. Mine, my step fathers and my mothers. the prenup and the will state that the home goes to myself and brother and that my stepfather has no claim to the home. when the house is sold will the profits go to just my brother and I since it is stated in the will or does the deed supersede it?


Asked on 6/30/16, 2:12 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Generally speaking, title controls. So if a deed says for example that property is owned by A & B as joint tenants with rights of survivorship although A's will says that same property goes to C, the deed trumps and property would revert to B per the deed. That is because a Will can only dictate what happens to property someone owns in their name after they die and where ownership automatically goes to a surviving owner by deed there may be no property to go through the Will.

That being said, there is more than one way people can own jointly in this state and it will make a big difference whether the deed has co-owners listed as "tenants in common" or as "joint tenants with rights of survivorship." If the deed says "joint tenants with rights of survivorship" the remaining owners will automatically receive title but if it instead says "tenants in common" property will pass through any deceased owner's estate. If you are unsure, you are strongly encouraged to ask an attorney to review the deed.

Whether or not a specific prenuptial or other agreement changes anything would require a detailed reading and review of that document which is well beyond the scope of an online post. In some cases a constructive trust may exist. You are encouraged to seek independent legal review.

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Answered on 6/30/16, 2:39 pm


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