Arlington, VA asked in Estate Planning, Family Law, Tax Law and Real Estate Law for Maryland

Q: if an adult child has been living in dead fathers home and never changed over title and now its up for tax sale

as one of the grandkids what can i do if i want to pay off debt? more importantly would the city leave the house in my grandfathers name even knowing hes deceased. i dont want to put so much money into the property and it not be mine or for my uncle to than make an issue or try to claim it

1 Lawyer Answer

A: The city (or county) does not change title, so unless the family opened up an estate the title would remain in the deceased person's name.

Anybody can redeem the property before the tax sale foreclosure case awards judgment to the tax sale purchaser. As you point out, however, paying the back taxes and fees won't automatically make the person who paid the owner. Oftentimes in this type of situation the person who intends to pay might reach agreement with the heirs of the record owner so that they would disclaim or otherwise sign over their interest.

Several things usually need to happen before anyone can straighten out the title when property is in a dead person's name and facing tax sale. The taxes/expenses need to be paid, an estate must be opened for the deceased and a deed must be filed to transfer the property out of the estate to the heirs. Sometimes a second deed is necessary to transfer the property from the heirs to other relative(s). You may wish to consult with an attorney to get help navigating this process in your particular situation.

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.