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.
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.
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