Legal Question in Real Estate Law in Maryland
Is a deed restriction which states that the grantee has all rights to the property except the power to dispose of by will or by intestate succession valid in Maryland?
Asked on 5/05/13, 4:34 am
1 Answer from Attorneys
Cedulie Laumann
Arden Law Firm, LLC
Yes. This language may appear in a life estate deed in which the Grantee has a life tenancy. Because the property passes automatically by title the instant the life tenant dies, it cannot pass through that person's will or intestate succession (because there is nothing in the estate to pass).
While I hope this general legal information helps, it does not create any attorney/client relationship nor does it offer specific legal advice. If you have a specific question or want review of a particular deed, you may wish to meet with an attorney.
Answered on 5/23/13, 11:30 am