Owings Mills, MD asked in Real Estate Law for Maryland

Q: Can a deed of assignment be recorded if the owner is deceased in Maryland

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

A: If the question is asking about how to transfer property titled in a deceased's name when they died, the only way to do this is by first opening up an estate and then by recording a Personal Representative's deed. No one can sign a dead person's name after they die.

If the question is instead asking about recording after someone's death a deed signed sometime before they died, it would depend heavily on the facts. The answer may be "no," Deeds need to be, like the song "signed, sealed & delivered" during the grantor's lifetime though if someone happens to die before their deed makes it all the way through the recording process the death shouldn't make an otherwise valid deed invalid.

While not legal advice, I hope the above helps. If you would like assistance with a Personal Representative or Estate deed you are encouraged to seek legal help. My law firm does these kinds of deeds, as do other law firms in this state.

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