Q: Can a parcel of land remain deeded to a deceased person if remaining family members keep the land taxes paid up to date?

A: Payment of taxes has no relationship whatsoever to title to land. Let me repeat that slowly, because I get asked this several times a month. You are not alone. Payment of taxes has no relationship whatsoever to title to land. Perhaps the confusion lies in the fact that non-payment of taxes can result in a change in title to land. But, payment of taxes has no relationship whatsoever to title to land.

That said, in Maryland, title doesn't change automatically at death, regardless of whether the decedent has a Will or is intestate. You will need to probate the estate to change title to the heirs, and that will be more expensive if it is delayed, especially if one or more of the heirs die after the title owner and before the title is corrected. I make much more money correcting stale titles than I make doing a probate. Nevertheless, sometimes, when there are no other assets and the family cannot afford to pay the fees for the probate, the property must be mortgaged or sold to clean up the title. That remains much better than losing the property because probate was neglected and the fees mounted. Usually, a sale can be avoided, but, even if there is a sale, the proceeds can be used for a nice downpayment. It is best not to ignore correcting title. It is done all the time, and it is very good for my income. I'd rather earn the money elsewhere while you collect your inheritance. A parcel of land remains in the name of the deceased person so long as the taxes are paid, and that can cause a disastrous blot on title if it is allowed to remain for too long.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation and all potential conflicts of interest will have been resolved. Until then, you have no more right to rely on this answer than if you read it in a novel.

A: As another attorney noted, property in the name of a deceased person needs to go through their estate. Legally, it belongs to their estate the moment they die. (even though it might take a few weeks, months or longer until an estate is formally opened). It generally gets more difficult and more expensive to pass property with the passage of time. In some cases, when heirs don't get around to deeding a residence until another tax year, the county will go back and "recapture" any homestead tax credit.

While not legal advice, I hope this general information helps! It would be wise to sit down with an estate lawyer to see what needs to happen to open up the estate sooner rather than later.