An attorney would need to look at the will, the deed and the various estates to answer your question.

When someone dies without a will, their property passes through the laws of intestate succession. In short, YES, an adult child MAY inherit, though it will depend on what is in the probate estate and how assets are titled. If someone dies owning property in their own name (without a spouse or... View More

"does the house have to sold to pay the unsecured debt?"

An estate must pay legally enforceable debts, whether secured or unsecured, before disbursing assets. So if, theoretically speaking, someone died with $100,000 in valid debts enforceable against their estate and had... View More

The answer to this question depends on how the deed is written.

If the deed says "joint tenants with rights of survivorship" then this usually means the surviving owner has full title and the property is not a part of any probate estate.

If the deed says "tenants in... View More

The Will governs someone's probate estate which usually means all the assets that someone dies owning titled in their name go to whomever the Will says. Unless there was a separation agreement or new will, a Will does not automatically go away because of a separation. Instead, a planner... View More

Yes, generally planners identify preferred guardians in the Will.

Yes, generally the owner of the property can continue to use the property or rent it out until it is sold at foreclosure. The law gives certain rights to a tenant under a bona fide lease - if the bank buys back the property a tenant may have the right to continuing living there and paying rent to... View More

Double jeopardy prevents re-prosecuting a criminal case against someone, even if the full story was not told at the original trial. There are other legal doctrines that generally prevent the litigation of very old cases (although statute of limitations may not apply to certain acts like murder).

Very bad idea for a number of reasons. Any contact of a sexual nature with a minor, particularly one under 16, certainly could lead to criminal charges. Even if the "flirtation" doesn't rise to the level of criminal behavior, an adult flirting with a minor more than 4 years younger... View More

This online forum exists for general questions, not so much for attorneys to research a particular question. That being said, to see if a particular name is available one can contact the State Department of Assessments and Taxation. Even if a name is available per the Maryland SDAT, a business... View More

Maryland law offers no "right to rescind" in the average real estate transaction. In some other types of situations (refinances, certain door-to-door sales and the like) there may be a 3 day cooling off period but generally once one signs a contract, they are bound by its terms and can... View More

Under Maryland law, contracts involving the sale of land must be in writing to be valid. So while one hopes people honor both their oral and written word, generally, yes, either party can change their mind for real estate sales until it is put in writing and signed.

As with any contested... View More

Your post correctly notes that property held tenants by the entirety becomes tenants in common owned at divorce.

Generally the Personal Representative would want to do a PR Deed (rather than a "quit claim") deed. If the value of the interest (1/2 of the house) is worth the same... View More

The question is not quite clear, but it sounds like it asks whether if someone owns a property can they simply abandon it and let the lender foreclose? Technically yes, it is not as though a lender can force someone to stay in a home, but walking away will not erase the debt. The Lender usually... View More

Tax sales give the purchaser the right to acquire the property if the property is not redeemed. However, the tax sale purchaser must go through a foreclosure action first and they must name any mortgage holders of record in the tax sale. If no one comes forward to redeem the property and the... View More

Yes, but it may be complicated.

If there is any way at all to track down the missing owner (and usually there is) they will need to be reached. That being said, a joint owner can petition the court for something called "sale in lieu of partition" to force a sale / transfer.... View More

The question asks about two different areas of law. Probate and Tax Sale might both be involved in a particular situation but one really has no bearing on the other.

If property is sold at tax sale, the record owner (or anyone else interested in the property) has a legal right to... View More

The post doesn't give enough information to know if the grandchildren stand to inherit under the Will. Maryland law requires that the Personal Representative list all heirs under the Will and all heirs at law (people who would inherit if there was no Will). In some cases, people will be... View More

An estate is opened by filing a Petition with the Register of Wills. The law lists people with priority to serve as personal representative (starting with the person named in any Will, then spouse, children, etc.). The post doesn't state whether the son is a minor - if an adult then... View More

The post reflects several points of contention which seem mostly related to dissatisfaction with the Personal Representative's decisions and/or how the other heir will handle their property. If the PR acted improperly (meaning they did not do what the law said they had to do) one can... View More