Legal Question in Wills and Trusts in Maryland

I live in Maryland and have rental properties in Delaware owned by me and my husband, I want to know if one of us should die would children be intitle to claim on our properties.

Asked on 6/28/10, 8:05 am

1 Answer from Attorneys

Richard Abraham Abraham & Bauer, LLC

There are a variety of ways to deal with this issue

Contact a Delaware attorney and have a new deed prepared adding your children as beneficiaries to the properties. That would be Delaware's version of a life estate deed Check before hand to determine if there are any Delaware taxes that occur as a result of the new deed (s)

Have an experienced Maryland attorney draft a Revocable Living Trust to hold title A Delaware attorney could then draft a new deed titling the property into the Trust after the Trust is created here That will avoid ancillary probate in Delaware. Again check the tax issue before hand

Have your MD will pass the property to your children but you may still have ancillary probate in DE. If you need further assistance feel free to telephone me

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Answered on 6/28/10, 11:18 am

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