Baltimore, MD asked in Estate Planning for Maryland

Q: Two sisters are very close, but one dies after marrying and gaining a non biological step son her home goes to her husba

Husband; then, he dies; does the Step son have the right to sell the home and all it's possessions? There was an heirloom promised to be given to the living sister? The Step son never said a word to the living sister. Not even that his father had passed on.

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1 Lawyer Answer

A: Quite possibly yes. The answer depends on how the property was titled and what the will of the last spouse to die said. If the property passed outright to a spouse, at their death their estate would get it and pass it according to the will (or if there was no will by intestate succession to their relatives). The personal representative would need to give notice to all HIS heirs but this would not typically include relatives of his deceased wife. I suggest that you review the will associated with the estate you reference and/or the deed to the house in question. Note that various planning documents can keep property in one's family even after marriage and death of both spouses but planning needs to take place while both spouses are living. The above information is general in nature and not an analysis of the specific facts of your situation. You may want to consult with an attorney to review the specifics of your particular situation.

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