Legal Question in Family Law in Maryland
My name is Megan and I'm 21 years old. I recently lost my mother on July 1st and my father is trying to get ahold of all her things. My father left and they were separated for three years but the only reason they did not get a divorce is because my father did not show up to the court date. I do not think he should be entitled to anything because he was abusive when he was living in the household and now it seems he only wants my mothers things for the money. So my question is, am I entitled to 50% of the house if not all of it and do I have any rights regarding the rest of her personal things?
1 Answer from Attorneys
Who is entitled to the house depends on whose name is on the deed. If both your parents are named as owners in the deed, and if the typical marital ownership status of "tenants by the entirety" is stated there, your father becomes the sole owner of the property. As for the rest of her property, including the house if it was just in her name, if your mother had a Will that would dictate who gets what. If she didn't, and you have no siblings who are minors (under 18), your father would get the first $15000 worth of personal property (including bank accounts but not retirement assets) and half the rest, and the children would get the rest. By the way, the fact that your father didn't show up for the divorce hearing should not have prevented your mother from getting the divorce, assuming he had been properly served with the divorce complaint.
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