Legal Question in Wills and Trusts in Maryland
is it legal for a person to assume their deceased parents home ?
1 Answer from Attorneys
Once someone dies, the property they owned at death becomes a part of their estate. The estate then passes to heirs per the Will (or if there is no Will, by the laws of intestate succession). A child does not automatically own their parents property after the parents die but depending on the particular situation they may inherit it through the estate. If the person who died owed money, those debts usually need to be paid before the property can be disbursed to heirs.
Note that a mortgage may be assumed by the child(ren) inheriting property under federal law.
If you have specific questions about a particular situation you may want to schedule a consultation with an attorney who can look at the deed, will and other relevant paperwork.