Legal Question in Real Estate Law in Maryland

Re: Adding name to Deed.

The current owners will have to execute a new deed. While people sometimes do this themselves, it is unwise, as errors are not immediately apparent and can be difficult or impossible to fix later. There are also tax implications to consider before doing this. So see a lawyer.

Re: Adding name to Deed.

Since you and your husband own property as a married couple, the law looks at the two of you as an indivisible unit, known as a tenancy by the entirety. Therefore, you both have to execute a new deed, re-deeding the property to the three of you. But there are important legal issues that must be considered before doing this, such as how the new deed will be titled, or whether, from a tax standpoint, it is wise to gift an interest in the property to your son. I strongly suggest you consult with an attorney who can properly advise you, and can also draw up the deed correctly and see that it is properly recorded in the land records. Call me if I can be of assistance.

Re: Adding name to Deed.

The property can pass through a Last Deed and Testament (i.e. a will) to your heirs. There may be tax ramifications to this approach and this is based on the size of your estate. Otherwise, an inter vivos gift (that is, during your life) can be made. There are several options to best accomplish you objective and the advice of an attorney is recommended. Without properly attending to legal matters, your estate may pass on intestacy which is the State's decision as to how your property will be inherited.

Call for a free discussion.

G. Joseph Holthaus III

(410) 799-9002