Glen Burnie, MD asked in Estate Planning and Probate for Maryland

Q: My father left a will when He passed away I was 5 and it says that my mom and I are on the deed.

I’m from GlenBurnie Md and In my fathers will he left the house to my mom and me so I guess her and then it goes to me when she passes??? If my name is on the deed can I live in that house with my wife and children without being thrown out now sense I’m 41 and technically it’s part my house????

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: A lawyer would have to look at your grandfather’s will to ascertain how the house was to be distributed to you and your mom, as well as review the deed to the house to see whether it was titled in accordance with your grandfather’s will. Assuming that your name is on the deed together with your mother, you have an equal right to the house. If two titled owners cannot agree on how to use the house, then either owner has the option of petitioning the court to sell it, and the proceeds will be shared equally. There are other ways a house might be titled, that leaves you with s future but not a present interest (e.g., a life estate for your mother, which allows her exclusive possession and use of the property as long as she resides there, and then upon her death or cessation of residing there, it becomes yours). A lawyer can look up the deed, and if necessary, Your grandfather’s will can be retrieved from the estate file and reviewed if your name is not on the deed to see whether something was done incorrectly.

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