Legal Question in Wills and Trusts in Maryland
my sisters name was put on my parents deed of their home and states in deed for estate planning purposes Both parents are now deceased Does sale divide equally between both of us bc will states 50% to ea sibling even though her name is on the deed. Also will there be capital gains taxes associated with the sale of the home. We live in MD. My sister does not live in the home and never did. 6 grandkids were also supposed to get money from estate. Sister did not add home to estate as property - is this correct? Because without this property she is only filing a small claims estate stating there are no assets and nobody is going to be getting any money.
1 Answer from Attorneys
You are encouraged to seek legal advice from an attorney who can review the Deed and Will at issue and answer your questions.
If the property was solely in the sibling's name, then it would not be part of the probate estate. However, there are several ways to jointly own property and the answer varies based on how it was titled. If someone owns as a tenant in common and one of the owner's dies, the deceased person's share passes through their estate.
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