Legal Question in Real Estate Law in Maryland

Re: Deed

It can happen. You need to consult with a lawyer regarding the circumstances. The gift may have been a fraudulent transfer (if made to evade creditors), or the transfer may actually be void (one issue that comes to mind is whether the deed was in fact delivered, a necessary requirement, if you were unaware of the transfer).

Re: Deed

If your father DEEDED you a piece of property as you say, that means he made out a deed before he died, presumably transferring all of his interest in the property to you. If so, and assuming he wasn't unduly influenced or coerced into doing this, and further assuming he was of sound mind when he did it, you have a valid claim, but you'll need that deed or written proof of it. If you can get it, it should be recorded in your county land records to protect your right to title against all others.

On the other hand, if what you really meant was that your father left you this property in his will, it's a different story. Your stepmother, as the surviving spouse, has a right to claim an amount equal to 1/3 of any property (including personal assets) your father owned in his name alone against anythng he may have left her in the will. In other words, states have laws protecting widows and widowers from being disinherited by their spouses.

So it all depends on how your father actually disposed of this property. I strongly recommend you obtain legal representation to protect yourself in the stepmother's lawsuit.

Robert Sher

301 986-4555