Legal Question in Wills and Trusts in Maryland

my father law pass awawy left his daughter everything but but my father and mother put husband on of house he have joint tenant not tentant in common house is going too be sold does my husband have too give his sister anything from the sale of the house


Asked on 11/18/10, 11:54 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

If someone owns property as a Joint Tenant with rights of survivorship, the surviving owner gets all the property and it does not pass through the deceased owner's estate. Absent some other contract or agreement the surviving owner does not need to share proceeds of sale. If the title is not clear on survivorship this could be problematic as Maryland law will not presume joint tenancy with rights of survivorship when the type of joint ownership is unclear.

While the above is not legal advice and not a substitute for an attorney review of title, I hope that it helps provide you with general information on the topic.

Read more
Answered on 11/23/10, 1:50 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Maryland