Lutherville Timonium, MD asked in Estate Planning for Maryland

Q: My gma left me a home in a will. has many bills but the house was never changed out of my grandpas name alone. probate?

The house is owned by my grandpa alone in the deed but she got the house after he died. She never changed his name so right now it says only his name. When I put the will through, will it go to probate and will it be used to pay her debt? The house is in Md

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

A: "She got the house after he died." How? By the terms of your grandfather's will? If so, then your grandfather's estate needs to be reopened so that the deed can be transferred from his estate into the names of your grandmother's heirs/legatees. If your grandfather died without a Will, then your grandmother likely only inherited 50% of the property, and the remainder was inherited by law by their children (including your parent). Your question leaves out a number of facts that are needed to sort this out. I recommend that you consult a lawyer, as you will need a lawyer to ultimately have a deed prepared to transfer the house, ether by deed or by sale to a third party. Whether the house needs to be sold to pay off other debts owed by the estate depends on what other assets are available in the estate to pay those debts and how many other legatees or heirs are supposed to receive a share of your grandmother's estate.

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