Q: If my wife died in the children are listed on the deed and I am not who gets the property be in the state of MD.,, no wi
She has no will
A:
The post asks several related questions. First, there are multiple ways children could be "listed on the deed," and without looking at the deed an attorney cannot say how the title would pass. It may revert to the other owners by survivorship or perhaps a portion would belong in the deceased owner's estate. It will depend on whether the deed gave survivorship rights or not.
Second, when someone dies owning property titled in their own name it becomes a part of their probate estate. A will only controls what is in somoene's probate estate. It does not control property that passes by title. If someone dies without a will, the law has something called "intestate succession" -- if someone is married and has children, intestate succession generally means that the probate property will be split between the spouse and the children.
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