Legal Question in Real Estate Law in Maryland

Property deed and will

My mother has taken her name off the deed for her property and placed my brother and myself on the deed. Now she wants to add two other people to the deed of the property. If my brother and I decide not sign the documents to allow the other two people to the deed can my mother add the two people to the property in her will?


Asked on 7/18/07, 6:49 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Property deed and will

No. Your mother has given up her ownership rights to the property by taking her name off the deed. Only you and your brother control the property, albeit jointly. If the deed says that you own it as "joint tenants", neither of you can leave your share to anyone else. Whoever outlives the other will own the entire property unless of course you sell it first. If the deed says you own it as "tenants in common", you each have a 50% interest that could be sold, given or left by will to someone else.

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Answered on 7/19/07, 9:48 am


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