Philadelphia, PA asked in Real Estate Law for Maryland

Q: If a brother and sister are on the deed of a house, what happens when the sister dies in MD

The wording of the deed is: this deed made on april 5th 2002 by ann, hereinafter referred to as grantor and jeff and monica hereinafter referred to as grantees. Monica died and I am wondering if the full deed would go to jeff or if her heir (child) would get her portion

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2 Lawyer Answers

A: Maryland has 2 different ways siblings could own jointly together. The quoted language is only the first part of the deed and does not reveal how the property would pass on the death of one of the co-owners. An attorney could take a quick look at the deed and let you know the answer.

A: It is extremely risky to read one lonely clause in a deed, and it would be well worth your money to ask a lawyer for a consult to review the whole deed. Nevertheless, in Maryland, a grant to two people without any further description is a grant of tenancy in common of the undivided whole. If one dies, their undivided share passes under the decedent’s Will or intestate to their heirs.

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