Legal Question in Real Estate Law in Maryland

Adding name to Deed.

My sons and I bought the house I live in 20 years ago and the Deed was in my name and my oldest son's name. Since then I remarried and now the house is in my name and my husband's name. I would like to put my younger son's name on the Deed so that it will be easier for him to inherit the house when the time comes. How do I go about this? Do I need an attorney? Would my husband and I both have to go to the Courthouse to put my son's name on the Deed, or can I do this myself? Do I need any forms nortarized by my husband to do this?

Thank you

sueanne1@earthlink.net

Asked on 2/05/02, 2:45 pm

3 Answers from Attorneys

Daniel Press Chung & Press, P.C.
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Re: Adding name to Deed.

The current owners will have to execute a new deed. While people sometimes do this themselves, it is unwise, as errors are not immediately apparent and can be difficult or impossible to fix later. There are also tax implications to consider before doing this. So see a lawyer.

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2/05/02, 3:04 pm
Robert Sher Wagshal and Sher
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Re: Adding name to Deed.

Since you and your husband own property as a married couple, the law looks at the two of you as an indivisible unit, known as a tenancy by the entirety. Therefore, you both have to execute a new deed, re-deeding the property to the three of you. But there are important legal issues that must be considered before doing this, such as how the new deed will be titled, or whether, from a tax standpoint, it is wise to gift an interest in the property to your son. I strongly suggest you consult with an attorney who can properly advise you, and can also draw up the deed correctly and see that it is properly recorded in the land records. Call me if I can be of assistance.

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2/05/02, 3:29 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus
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Re: Adding name to Deed.

The property can pass through a Last Deed and Testament (i.e. a will) to your heirs. There may be tax ramifications to this approach and this is based on the size of your estate. Otherwise, an inter vivos gift (that is, during your life) can be made. There are several options to best accomplish you objective and the advice of an attorney is recommended. Without properly attending to legal matters, your estate may pass on intestacy which is the State's decision as to how your property will be inherited.

Call for a free discussion.

G. Joseph Holthaus III

(410) 799-9002

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2/05/02, 10:00 pm

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