Legal Question in Real Estate Law in Maryland

In 1992 my grandparents executed a will. In that will the house was to go to his wife upon his death then to his children upon her passing. My grandfather passed away a few years later. My grandmother had another will executed in 2002, removing the house from the estate. She then had my mothers name added to the deed of the house along with her name. My Uncle has stated that the house is part of the estate per his fathers will and he plans to fight my mom over it once my grandmother passes. Unfortunately this has caused strife within the family. Please let me know if my uncle has any right to the house since it is no longer in my grandmothers will and my mothers name is on the deed.


Asked on 4/18/12, 4:47 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Although you didn't indicate it, if the title to the property at the time of your grandfather's death was in his name alone, then the answer to your question would depend on the specific language in his will. If your grandfather's will can be interpreted to express his intent to pass a life estate in the property to his wife, and a remainder to his children, then your grandmother could not legally convey the entire property to anyone, either directly or through her estate. On the other hand, if the language in your grandfather's will can be interpreted as conveying the entire property to your grandmother and then merely expressing his wish that she pass it along to his children, she would have complete control and could do whatever she wanted to after his death. Also, if the original deed was in both their names, none of this matters because she acquired the property as surviving joint tenant upon his death irrespective of the will. You need to see an attorney experienced in these matters who can read the will and discuss the issues in more detail to give you a clearer understanding of your mother's rights.

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Answered on 4/19/12, 6:48 am


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