Legal Question in Real Estate Law in Maryland
Property
My mom has passed away and my brothers name and mine are on the house. My other brother and sister: their names are not on the deed to the property. Do the owners (my brother and I whose nnames are on the property have to share with the other two siblings whose name s are not on the property?
2 Answers from Attorneys
Re: Property
This depends on a number of factors. Was your Mother's name also on the deed? Does your Mother have a valid will? etc.
Re: Property
I am assuming that you and your brother's names as well as your mother's was on the house. If the deed says you own it as "joint tenants with right of survivorship", then legally you and your brother now own the house and your other siblings have no claim. If the deed says that you owned it as tenants in common with your mother, then her share is part of her estate and would pass to her beneficiaries if she had a Will, or if not, to all the children. Most likely it will be the joint tenancy, but you'll need to check the deed.