Legal Question in Real Estate Law in Maryland
transfer of property from deceased grandmother
My husband's deceased grandmother left some property to his now deceased father. My husband has been paying the property taxes, but would like to have the title transferred to his name. Is the quick claim deed along with copies of the death certificates, all that is necessary in Maryland?
1 Answer from Attorneys
Re: transfer of property from deceased grandmother
Your situation isn't that simple. Assuming you are correct that your husband's grandmother left it directly and only to your husband's father, someone should have opened an estate for her and deeded the property over to the father. If that wasn't done, it will have to be done now.
Also, if the father didn't have a will when he died, and was unmarried at the time, the law provides that the property be divided among his descendants--children, grandchildren. If all his children were living at the time, they would all become equal and joint owners. An estate for the father would have to be opened to properly deed the property over to the descendants. Of course, if your husband was an only child, all of it would go to him. And if his siblings and, in the case of a predeceased sibling, his nieces and nephews from that sibling are willing to give up their share of the property, or some agreement can be made, he might end up with the property anyway. As you might have realized by now, you ought to engage an experienced real estate/probabe attorney to help you with this.