Legal Question in Real Estate Law in Maryland
transfer of title upon death in Maryland
This question is about Maryland Law. In the state of Maryland, my parents held an undivided 1/2 interest as tenants by the entireties (their assigns and the survivor of them - me their only child) in their sole residence, and my paternal grandmother held an undivided 1/2 interest (her sole residence). The deed states that from and immediately after the death of the parties of the second part (my parents) then unto me and immediately after the death of the party of the third part (my paternal grandmother) then unto my aunt (her daughter [and the only surviving of three children] . My parents and grandmother are deceased. Neither my grandmother's or my parents' estate was probated due to small asset size.
Do I and my aunt each automatically now hold 1/2 undivided interest in the house or do we have to file any documents to obtain title?
1 Answer from Attorneys
Re: transfer of title upon death in Maryland
It sounds like the deed was drawn to convey life estates in your parents and grandmother as to their respective interests, with each interest held as tenancy in common. You held a 1/2 interest as a remainderman and your aunt held the other such 1/2 interest. However, it's hard to give a definitive opinion without actually seeing the deed. I can look it up on line if you provide me with the names and property address, including the county.
While it isn't technically necessary to do so, it might be useful to file a clarifying deed indicating that each of you owns a 1/2 interest as tenants in common, so that you each have an interest that you can pass through your estates.
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