Legal Question in Real Estate Law in Maryland

naming bebeficiaries on a deed

We are husband and wife owning property in Maryland ''tenants by the entirities'' on the deed. No mortgage. How can adult children be made beneficiaries to this property and avoid probate, while we maintain complete ownership? We might want to sell the property in the future without approval of bebeficiaries. Thanks.


Asked on 11/15/07, 9:03 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: naming bebeficiaries on a deed

You can re-deed the property to yourselves as life tenants t/e, naming your children as remaindermen. But in doing so you have to be careful to draw up the new deed to preserve all rights of alienation so you can sell the property if necessary. You would be wise to have an experienced real estate attorney do this for you.

Robert Sher

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Answered on 11/15/07, 10:09 am
Daniel Press Chung & Press, P.C.

Re: naming bebeficiaries on a deed

A life estate with reserved powers might work, but you need to look at the tax and other consequences of your various options.

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Answered on 11/15/07, 10:52 am


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