Legal Question in Real Estate Law in Maryland
My mother passes 2 years ago and my steofather passed 2 days ago. They left a house with both of therir names on it. How do I keep the house? Were should I start. I do not know if there was a will or not. What should I do?
1 Answer from Attorneys
Hello. I am sorry to hear of your loss. The very first thing to do is to look at the deed to verify that it was titled after their marriage as jointly owned by husband and wife. Most properties owned jointly by husband and wife will go 100% to the surviving spouse (here, your stepdad). Thus the property may go entirely through his estate and depending on any will may or may not go to any of your mom's relatives.
Whether or not there is a will, the next thing to do is open up an estate for your stepfather. The law gives a list of people with priority to serve as personal representative. To open up an estate, one needs the death certificate and will (if any). If there is no will, the property passes under the laws of intestate succession to the deceased person's relatives.
You may wish to consult an attorney on this to review the title, check to see if a will was recorded with the local Register and to help determine what interest (if any) you may have in your stepfather's estate. If you will handle the administration of your stepfather's estate you may want legal assistance with this.