Legal Question in Real Estate Law in Maryland

Sale of house

My brother-in-law and my sister own a house together. My sister died 10 years ago, my brother-in-law is now on his death bed. He has a brother and sister and there is a brother and sister on my sister's side. If the deed on the house is in both of their names does the proceeds of the sale of the house get split up between both of their brother and sisters? By the way, they never had children.


Asked on 5/20/08, 5:07 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Sale of house

I assume from your question that your brother-in-law does not have a Last Will and Testament. If he did, or if he executes one now (which he will have to demonstrate mental competence to do), he is free to leave his property, including the house, to whomever he wants. If he dies without a will, his property will be inherited according to the MD statute that deals with such situation, which is known as the law of intestate succession. In your brother-in-law's case, assuming his parents are dead, and further assuming that he had no deceased siblings, his brother and sister will inherit all of his property. You and your brother will get nothing.

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Answered on 5/21/08, 9:36 am


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