Annapolis, MD asked in Estate Planning for Maryland

Q: Deed 'tenants by the entirety', but deed never changed when husband died. Do his children have any right to property?

Husband & wife both have grown children from previous marriages. Purchased home - 'tenants by the entirety'. Husband died 1997 - wife never changed deed. Wife died 2015. Do husbands children have any claim to home since deed is still in both names?

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2 Lawyer Answers

A: No. Upon husband’s death, the wife became sole owner of the property regardless of the deed not being changed. Upon wife’s death, the house passes in accordance with her will or, if no will, to her heirs at law, which would not include her late husband’s children.

Cedulie Renee Laumann agrees with this answer

A: As another attorney noted, tenancy by the entirety property would become100% the wife's by operation of law if and when her husband passed.

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