Legal Question in Wills and Trusts in Maryland

My brother-in-law's wife passed away recently, leaving her entire estate to him, which he jointly owned. does he need to have her name removed from the deed to prevent questions of ownership in the future?

Asked on 1/28/17, 1:50 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

If title is held "tenants by the entirety" as husband and wife there is no need for a new deed when one of the spouses die. The surviving spouse simply would provide the death certificate if and when they went to sell or otherwise transfer ownership.

Note that joint owners can own property together in several different ways and the legal affects of different type of co-ownership varies. However, since tenancy by the entirety offers some unique protection to husband and wife, most of the time married couples in Maryland will own that way.

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Answered on 1/28/17, 5:59 pm

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