Legal Question in Real Estate Law in Maryland

Re: my mother's house in my name

Your mother can convey the property to you, either outright or a remainder interest, reserving a life interest for herself. However, if she does this now, and if she has owned the property for a long time and it is therefore worth a lot more than when she and your father bought it, the gifting of the property to you will create a significant capital gain tax liability when you sell the property. You would pay tax on half of the gain from the time your parents acquired the property, and on half of the gain since the time your father died. The gain would be less if your mother leaves the property to you in her will, but the risk to that is she can always change her will, and if she is getting remarried, her new husband is always entitled to 1/3 of her property unless he agrees to give that up in a pre-marital agreement.

I urge you to consult with an experienced real estate and probate attorney who can assist you in accomplishing what you are trying to do.