Street, MD asked in Uncategorized for Maryland

Q: Is a codicil that allows someone to live in one's home still valid after the deed has been changed?

My father had a codicil drawn up about 23 years ago that would allow his lady friend to stay in his home until she died or moved. The house was deeded in his and my late mom's name. He died in 2012. About 7 years before then he added my one brother and me to the home deed. It has become a financial burden for us siblings due to home repairs, depreciating value, etc. Can the codicil be voided since only my dad's name was on the deed at that time. I don't think any of us considered the impact if she stayed in the house this long.

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1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: It would be difficult for an attorney to answer without seeing the actual documents in question.

Very generally, a deed supercedes a will or codicil. That is because a will can only control what property someone dies owning in their own name. If person A makes a deed that leaves property to persons B&C, and has a separate document (say a will) giving the same property to person D, the deed should control. Now it gets complicated because people can be "added" to a deed in different ways -- in some instances the original owner's estate would own nothing, in other instances the estate may have a fractional interest in the property.

There are other laws that can affect these general principles, such as constructive trusts.

You are highly encouraged to seek competent legal advice.

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