Legal Question in Family Law in Maryland
property
My grandmother gifted a property to me that is in her will as part of my inheritance. Both my spouse and my name are on the deed, but does she have rights to the property if it is to be part of my inheritance?
1 Answer from Attorneys
Re: property
She may have a limited interest in the property depending on the circumstances. In general, any property that is acquired during the marriage is considered marital property and subject to equitable division. There are exceptions for gifted property and property that is excluded via written agreement. If the property was gifted specifically to you(and not you and your spouse), it would generally not be considered marital property. However, when she was added to the deed, that may have been defeated. At a minimum, she would likely be entitled to a share of the increased equity due to improvements made during the marriage and possibly to a share of the increased equity from the time she was added to the deed and the present.