Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2... Read more »

The Will only controls assets the deceased person died owning.

With a beneficiary or payable on death designation, the title is transferred automatically to the beneficiary when the original owner dies (though practically the beneficiary may need to show the death certificate to confirm... Read more »

If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... Read more »

It would depend on the deed language. Two people (including a parent/child) can own property together with or without survivorship rights and the mere fact that the word "heirs" is in the deed doesn't tell the whole story.

The Court does not need everyone's consent to "proceed with probate". Consent may affect whether or not the appointed person needs to post full or nominal bond.

The law sets an order of priority for people to serve as Personal Representative. When multiple people with the... Read more »

A names "comes off" property by a deed that gets recorded in Land Records. If this wasn't handled in the divorce, you may want to talk to a real estate attorney who can prepare a deed conveying to your ex.

A deed does not change who has responsibility on a mortgage, but... Read more »

Generally speaking someone cannot transfer ownership of property without paying off the mortgage balance in full. However, things are a bit different for a husband and wife. A federal law called the Garn St. Germain Act allows a spouse to essentially take over a mortgage for a home if they are... Read more »

The general rule that mortgages are not assumable does not usually apply to situations where a spouse is getting a home. There is a specific federal law that allows a husband or wife to continue paying the mortgage in the ordinary course. To get more details you could contact an experienced... Read more »

This question (or some variation of it) gets asked a lot.

The GENERAL rule is that a mortgage is not assumable. However, a federal law changes how the general rule applies in certain family situations involving residential property. When a home is transferred to a husband or wife, the... Read more »

In Maryland a Will is a matter of public record after the person who made it dies. The personal representative has an obligation to open the estate and identify both the people named in the Will to inherit as well as people who would inherit if there was no Will. Depending on who was in the... Read more »

Yes, transfer and recordation tax are due when the deed gets recorded.

Note that tax sales in MD require a foreclosure lawsuit before the county issues a deed. Purchasing at the tax sale auction is only the first step.

While not legal advice I hope this general information helps.

The short answer to your question is "Yes, it is possible for the Personal Representative (Executor) to buy property from the estate.

So long as it is for fair market value (as your post suggests), the process is fairly straight-forward and involves deeding out of the estate. It is... Read more »

A Power of Attorney gives someone else rights to manage financial affairs and property while the planner is LIVING.

In contrast, an Executor (Personal Representative) is appointed to manage the financial affairs and property after the planner dies.

While not legal advice, I... Read more »

Generally speaking anyone can pay anyone else's property taxes... the state will not reimburse someone for paying taxes on property they do not own.

However, the question prompts another - how was there confusion on the ownership of the property? Tax bills show the name of the... Read more »

This question really needs to be posed to a family law attorney, in private consultation, who can look at the custody order and listen to the facts related to the possible abuse to see if an emergency petition is in order. Violating an existing court order can indeed cause someone to be held for... Read more »

An appraisal is required for most tangible personal property that the decedent dies owning. Under Maryland law a Personal Representative can only value certain kinds of personal property (e.g., automobiles with a blue book value). Unfortunately furniture is not in the list of items a Personal... Read more »

I am sorry to hear of the recent loss of your father.

The post states that the policy holder "went through the online system and put his new wife down as the beneficiary." That is almost certainly the answer to the question "who the true beneficiary is of his life... Read more »

The Grantees are persons receiving an interest in property. So if B holds a life estate during C's life (it isn't clear why one would do this), "C" wouldn't be a grantee.

There are a variety of ways one can transfer lifetime interests in property, with a host of... Read more »

As another attorney noted, the general rule is that joint accounts with survivorship rights pass to the survivor without going through probate.

However, there are some circumstances under which the general rule does not apply and funds in a joint account are construed as being held in a... Read more »

The initial contract price is not always the final sale price. While it is possible your agent lied, it is also possible that the Seller in fact accepted a higher offer and either the appraisal or an inspection caused a re-negotiation of the price before it got to sale. Because contracts,... Read more »