Legal Question in Real Estate Law in Maryland
death with no will
My mother-in-law recently passed away. She told us before she died that my husband and my son are named on her house and car. We have the deed to the house but it is only in her name. How do we find out if it is in their names? If it is not in their names does the state take the house since there is no Will?
2 Answers from Attorneys
Re: death with no will
When a person dies without a will their property goes to their heirs according to the state law dealing with this situation. In the case of your mother-in-law, assuming she was unmarried, her property would go to her children, or if there was a predeceased child, his or her share would go to his/her children. So if your husband was an only child, he would inherit everything.
As far as the deed to the house is concerned, you could check the land records to see if your mother-in-law executed a new deed putting your husband and/or son on the title. If she did and named them as joint tenants, they would automatically attain ownership without the property having to go through probate.
Re: death with no will
No.
Your State will have certain laws of intestacy which provides what happens to property after death if the decedent has no will. If the house is in her name, it will have to go by intestacy, as will the car.
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