Pittsburgh, PA asked in Estate Planning and Probate for Maryland

Q: If the rightful heirs to my deceased girlfriend's estate (intestate) agree

to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since you are not an heir of your girlfriend, the property will need to transfer by deed, and whether that deed comes from the heirs or from the estate depends on jurisdiction, but either can sell it for $1 and they might be able to gift it. You really need to review the fact with a consult, and the lawyer will probably need to do some back-office computations before you get a decent answer.

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

A: Pennsylvania recognizes common law marriage, I believe, and if you qualify, that adds another angle to your being treated as a potential heir. You need to hire a lawyer to review all these issues. It’s an interesting Estate problem to unravel and solve. One way or another, if everyone wants to get this done, it can happen. It’s not a DIY job, however.

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