Legal Question in Wills and Trusts in Maryland

If a "living" person was granted a life estate, can the property be sold by the heirs?


Asked on 12/18/09, 10:00 pm

2 Answers from Attorneys

Lesly Longa Longa Law P.A.

The heirs do not own the property until it is inherited (after the death of the owner). A person who has a life estate does not have any interest in the property beyond their own life. That estate will terminate upon their death.

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Answered on 12/28/09, 8:03 am
Cedulie Laumann Arden Law Firm, LLC

The earlier poster correctly noted that a life estate stops once the life tenant dies. Please note that in most cases, the deed identifies who gets full title next. Usually property with a life estate does not go through the estate or probate process. Instead, the remaindermen (ultimate title owners) own it immediately after the life tenant dies and can do what they wish with the property.

If the property does go through probate, the personal representative would be responsible for selling the property and dividing up the proceeds to the heirs.

You may wish to ask a local attorney to review the deed at issue before taking any action.

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Answered on 12/29/09, 6:59 am


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