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My Parent Inherited a Home in Maryland but Never Changed the Deed—What Now?

This is a common situation. Your mother inherits a house but never updates the property deed. And then she passes away. What now? Even though your mother may not have updated the deed, by Maryland law she is still considered the property owner.

 

If your mother had a will, the house would pass to the heirs named in the will. If she did not have a will, Maryland’s intestacy laws would determine who inherits the property.

 

In either case, a probate estate would likely need to be opened to transfer the title out of your mother’s name and into the name(s) of the heirs or legatees. The Personal Representative of your mother’s estate would have the authority to sign the new deed that transfers ownership.

 

Failure to update a property deed can cause problems down the road, especially if you intend to sell the property or refinance. If you are in this situation, consult an experienced Maryland real estate attorney who can provide guidance with opening an estate, updating the deed, and ensuring that a clean title is restored to the property.

 

For a free, confidential conversation to discuss probate or property deeds, contact Maryland real estate attorney Stephen J. Reichert at 410-299-4959 or sreichert@reichertlegal.com.

 

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