Legal Question in Real Estate Law in Maryland

If property is given after death by will then the law lists priorities for paying off debts out of the deceased person's assets. Usually these must be paid in full before anything can be distributed to the heirs.

For gifts / transfers during one's lifetime, creditors can try to put aside any fraudulent conveyance. An attorney needs more facts to gauge whether a particular transfer might be problematic but if no judgments or other immediate creditor pressure is looming, normal estate planning or gift deeds usually are fine.

You may wish to consider a life estate deed. That deed allows property to transfer automatically at death without going into an estate BUT it allows the owner to keep the property during his/her lifetime and avoids some of the problems with transferring a home outright.

You are welcome to call my firm at 410-216-7000 to discuss such deeds, or contact another Maryland attorney of your choosing to discuss how to best accomplish your purposes. Note that this post neither creates any attorney/client relationship nor does it offer anything besides general legal information. Your specific situation may affect how the general legal principles apply.