Q: How can a deed from a deceased family member be transferred to another family member in Charles County, MD?
The property was originally deeded to a great, great grandfather back in 1908. It has never been transferred to another family member. Is the property considered as aired property and if so, how do I transfer the deed to my name. There are numerous surviving family members involved.
A:
Generally speaking an estate must be opened in the deceased person's name to transfer property out of the estate. To clear up title that has been in the name of a deceased person for >100 years one will almost certainly need to file an action to quiet title. All of the interested persons (heirs) would need to be notified and given an opportunity to intervene in the case.
Practically speaking, someone needs to pay the taxes and most of the time property will not go >100 years after the original owner's death without at some point going into tax sale. However, if taxes have been paid up and the property remains in the deceased owner's name you might consider consulting with an attorney who handles quiet title cases.
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