Legal Question in Real Estate Law in Maryland

My husband, myself and my mother-in-law are listed on a land deed. We have 2 houses on the property (hers and ours). My mother-in-law has 2 children. In her will she is giving her house to my husband and her daughter (crazy situation). I need to know does the land deed overide the will in Carroll County, Maryland?


Asked on 3/28/10, 5:05 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

It depends on how the deed reads. If it says the owners are you, your husband and your mother-in-law as joint tenants with right of survivorship, then the share of whoever dies first reverts to the remaining two. However, if it says that the 3 of you own as tenants in common, or if it says you and your husband own as tenants by the entirety as to half and she owns the other half as a tenant in common, then she can leave her part to anyone through her will.

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Answered on 4/02/10, 6:30 am


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