Legal Question in Real Estate Law in Maryland
My husband passed away couple of months ago. He bought a house in Maryland with a mortgage two years before we got married in 2004. Later I refinanced the loan on my name because he was unemployed for years. He has two children under 18 from a previous marriage and we have a child too. What part of this real estate belongs to me now according to Maryland Law?
2 Answers from Attorneys
In all likelihood your husband would have been required by the lender with whom you refinanced to add your name to the deed in order to protect its security interest in the property. However, if this is not the case, and the property was titled solely to him upon death, title to the property would pass according to the terms of any Will in effect. If the Will did not provide at least 1/3 of his estate go to you, you could claim that share against the Will. If he had no Will, you would be entitled to half the property and the 3 children would be entitled to the other half.
Your obligations on the loan are different than your right to inherit the home or its contents. And that depends on whether you are on the deed as hubby and wife, or whether you will inherit through a Will, or whether you will inherit through your "spousal elective share" if there is no Will.