Legal Question in Real Estate Law in Maryland
My daughter and son-in-law bought my parent's house in 2006. It is owned jointly in the names of my son-in-law, who is no longer in the picture, and my mother who is now deceased. My daughter has a legal separation agreement in which son-in-law gives up claim to the house. My mother's estate is divided between myself, my brother and my daughter. We all want me to have the house and have my name on the title, but we don't know where to start or what is involved. I tried to open Mom's estate at the courthouse but was told because of the house situation we needed a lawyer to help us.
Thank you
2 Answers from Attorneys
Several documents are needed. I am available to help you with the process. Other documents will need to be prepared or acquired. The probate process can daunting, contact me for assistance.
The answer to your question depends on how the deed was re-titled when your son-in-law's name was put on it along with your mother. If that deed said they owned the property as "joint tenants with right of survivorship", then when your mother died it became the sole property of your son-in-law. Then your daughter would have the right to obtain title via the separation agreement. In this case, it would not go through your mother's estate.
On the other hand, if the deed said "tenants in common", then half of the property would go through your mother's estate, and the other half would be handled as explained above. If you send me your mother's name and the property address, I can look up the deed and give you more definitive information.
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