Is a transfer upon death legal in the state of Maryland? I am speaking about from a parent to an adult child.
1 Answer from Attorneys
If what you mean is can one structure title so that the title passes upon death without going through probate the answer is Yes. In fact, attempting to keep property out of probate is a primary goal of much planning. Transfers on Death if structured properly can keep property out of probate without triggering unnecessary capital gains tax.
There are multiple ways to set up a transfer of property and some have unintended negative consequences so it is good to check with an attorney before actually consummating a transfer.