Legal Question in Real Estate Law in Maryland

House ownership

My husband was married previously - wife died. House is in his name and his decesed wife. My husband died. He has three children. Can I have the house placed in my name?

Thank you!


Asked on 2/21/06, 10:40 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: House ownership

The answer to your question depends on whether your husband wrote a will before he died. If he did, then the will determines who gets his property, including the house. If he didn't have a will, then MD law determines it. In your situation, you will get half the property and the children will get the other half. In either case you have to open an estate and comply with the probate law. An experienced estate attorney can help you do this. If you want to keep the house, you will have to work something out with the children. If your husband owned other property or had his own accounts, you could try and work out an arrangement with the children to divide up the assets in such a way as to allow you to keep the house.

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Answered on 3/01/06, 4:19 pm


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