Legal Question in Wills and Trusts in Maryland

There is no automatic right of survivorship for married couples for property that is not held tenants by the entireties, although a spouse can demand a portion of the estate if they are left nothing in the will.

The title to the deed will control and that is the first place to look. If they owned as tenants in COMMON, your mother's share would ordinarily pass through her estate. If there is no will (after diligent efforts to locate), the estate may pass under the default rules for intestate succession. If they owned as JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP, then whatever share your mother had would pass automatically to the surviving spouse.

I encourage you to consult with an attorney who can review the deed and offer some assistance. Deeds can be found at the land records of the county courthouse or you can contact an attorney to retrieve and review the deed. (For instance, my firm can quickly retrieve and review copies of Maryland deeds even when a client is missing the original). You may wish to consult with a Maryland attorney of your choosing.

While this post offers general legal information and not legal advice, I hope that it helps.