Waldorf, MD asked in Real Estate Law and Estate Planning for Maryland

Q: My stepdad died 2009. Mother pays mortgage. Loan in stepdad name & deed in both. If mom dies, which kids gets property.

1 Lawyer Answer
Brian Xavier Pendergraft
Brian Xavier Pendergraft
  • Greenbelt, MD
  • Licensed in Maryland

A: The Bad Answer: Assuming the deed is a marital deed between your mom and stepdad, once your stepdad died the property was solely hers. If she dies without a will, then the property passes down to her heirs. This can be just you, or both you and your stepsibling if she adopted the stepchild.

The Good Answer: Your mom could just do an estate plan to decide how her estate is divided when she dies to avoid fighting amongst heirs and to minimize expenses.

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