Legal Question in Real Estate Law in Maryland

My husbands mother is dying from liver disease. She owns a home, though is still paying a mortgage. Upon the event of her death she wants my husband, her only child, to have the house (she is not married).

My question is, without a will, will the house legally automatically come to him as her only child?

Also, she currently has a tenant renting one of the rooms. If the house were to come to us, what legal rights would I have to get the current tenant to leave so that my husband and I could take over occupancy of the house?


Asked on 7/23/10, 9:22 am

1 Answer from Attorneys

Sean T. Morris Law Office of Sean T. Morris

I'm sorry to hear about your mother-in-law's illness. When a person dies without a will, their property is divided according to the laws of intestacy. As her only son, your husband would likely inherit the house according to such laws. To give you, your husband and your mother-in-law peace of mind, your mother-in-law should consider preparing a will. One can be prepared very inexpensively and quickly. It would a very small price to pay to ensure that her wishes are carried out -- for both the house and any other property she has. It may make the whole process smoother as well. You may want to be extra careful with an asset as big as a house.

As for the tenant, it would depend on what sort of lease the tenant has with your mother-in-law. Once the lease is expired, or if the lease is month-to-month, you have to give the person written notice to vacate the premises and provide them time to do so (generally, 30 days).

Your husband may want to consult with a lawyer in the near future to discuss these issues and all the options. Feel free to contact me (click on my name below) if you have further questions.

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Answered on 7/24/10, 5:01 am


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