Legal Question in Real Estate Law in Maryland

wills on real estate

We have a will leaving the house to me or my spouse after our deaths. after that to my daughter do we/or they have to go to probate or do we have to have a irrovable will? Is a will was good enough upon our deaths?


Asked on 3/28/07, 4:48 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: wills on real estate

If you and your spouse own your home in the traditional way married couples do, which is called tenants by the entirety, the surviving spouse will automatically have full title to the property upon the death of the other. It will not pass through the will, nor will probate be necessary unless the deceased spouse has a certain amount of property in his or her sole name.

Upon the death of the surviving spouse, or if there is a simultaneous death, the house will pass through your wills. If you each have a will saying your daughter is your next in line after your spouse, then she will get the property after the will passes through probate.

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Answered on 3/29/07, 9:46 am


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