Legal Question in Wills and Trusts in Maryland

mom left no will /but grandmother did

I will try to make this short. In '73 my mother and grandmother bought home.Grams passed in'83 leaving a will giving home to my sister and I. Of course the home went to mom since her name was also on deed. Mom passed last month without a will. Would my grandmothers will still stand ? My mother was remarried so I don't know if stepfather has right to home even though they married 15 years after purchase of home


Asked on 9/16/07, 7:26 pm

2 Answers from Attorneys

Thomas Brown Law Office of Thomas K. Brown, LLC

Re: mom left no will /but grandmother did

It depends on how the property was jointly held when your grandmother passed away. If your mother had a survivorship right in the house, then your grandmother wouldn't have had an interest to devise by will when she died. If your mother did not have a survivorship interest, then whatever interest your grandmother had passed to you and your sister by her will. Whatever interest your mother had at her death (either the whole thing or only that which she retained after your grandmother's interest passed to you and your sister) would be resolved by the law of intestacy. In MD, it's roughly split 50-50 among the surviving spouse and the surviving children.

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Answered on 9/16/07, 8:17 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: mom left no will /but grandmother did

Much depends on how the title passed to your mother, if at all. Title may need to be filed in order to vest an interest. It is possible that your mother's spouse takes an interest.

First thing I'd like to see is chain of title to the property. I'd also like to know why the will was not probated. Equitable interests are also relevant.

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Answered on 9/16/07, 8:34 pm


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