Jefferson, MD asked in Real Estate Law for Maryland

Q: My mother in law has been paying the taxes on a peace of property that was her grandfathers for well over 20 Years.

My mother in law is the only surviving family member now. How do we get the deed transfered into her name solely.

Related Topics:
1 Lawyer Answer
Paul E. Draper
Paul E. Draper
  • Baltimore, MD
  • Licensed in Maryland

A: If the property is located in Maryland and is titled solely in in name of your mother-in-law's grandfather, then that property is an asset of the estate of the grandfather. Your mother-in-law most likely has a right to receive an interest in the property either through intestate succession or the grandfather's will. In either event, the only way in which the title to the property can be transferred is to open the estate of the grandfather in the orphans' court or register of wills' office in the county in which the grandfather lived or in which the property is located. The fact that your mother-in-law has been paying taxes on the property for 20 years does not give her an ownership interest in the property, but she would be able to seek reimbursement of those expenses for the estate, but the estate may be entitled to offsets pending on your mother-in-law's use of the property. Due to the 20 year delay in opening the estate, I would recommend you consulting with an probate attorney prior to commencing opening the estate. Best of luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.