Legal Question in Wills and Trusts in Maryland

My mother is a widow and is currently in a rehab center due to a stroke and kidney failure. She will be receiving physical thereapy and dialysis. I don't see her coming home at all or recovering from this. She ownes a house that has no mortgage and has 4 adult children (none of us live with her). What is the best financial way to handle her property while she is still alive. Should we sell it now or after her death, or should the title be transfered to one of us?


Asked on 8/09/11, 6:24 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

I am sorry to hear of your mom's declining health. At the outset, your mom would be well advised to meet with an attorney / estate planner as soon as possible assuming she remains able to make financial decisions. Transferring property outright to one child would be ill advised in most circumstances. It also doesn't keep property out of countable assets for purposes of benefit qualification. However, there are certain tools like life estate deeds that can effectively take property out of probate and automatically transfer at death while avoiding problems associated with gifting property outright during one's life.

My firm offers life estate deeds for a modest flat fee and Maryland residents can call 410-216-7000 for a no cost initial telephone consult of 10 minutes or less on estate planning matters. Many other Maryland attorneys also do estate planning and you could contact the local lawyer referral service for your county or another attorney of your choosing.

Note that this post is not a substitute for legal advice and does not create an attorney/client relationship. Specific facts of your case may affect how general information applies to your specific situation.

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Answered on 8/18/11, 11:43 am


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