Legal Question in Wills and Trusts in Maryland

I am in the state of Maryland. My grandfather died a few weeks ago. He wanted to leave a couple cars, a boat, and a motor home to a couple family members but did not put them in the official will. If he signed over the titles prior to his death but the items were not officially turned over to the wanted parties prior to his passing does that mean that those items are now part of his estate?

Amanda Lewis

Ocean City, MD


Asked on 10/08/15, 6:37 am

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

A person's probate estate includes whatever they die owning titled in their own name. If someone gives away and fully consummates a gift before their death the property is no longer in the probate estate. Unfortunately things can get very complicated when someone "signs over" but does not deliver title to the recipient (or record with the applicable authorities). It can become a challenge to demonstrate whether or not the decedent did everything necessary to convey during their lifetime, or, if they did not, to establish that despite the signatures the property remains in the estate.

Your family likely would benefit from meeting with a lawyer to discuss the specifics of this particular situation and the facts surrounding the attempted transfers.

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Answered on 12/02/15, 11:41 am


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