Legal Question in Wills and Trusts in Maryland

Tri-ownership and the rights of the surviving spouse

My husband and his parents are listed on the deed to our house. My husband does not have a will. If he dies before his parents (or me of course), will his third ownership automatically pass on to me? He has one minor daughter.


Asked on 3/17/04, 3:19 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Tri-ownership and the rights of the surviving spouse

The title as held to the property is essential to your question. Essential is whether he holds an interest as a tenant in common or as a joint tenant.

Depending upon how he holds the property, his right of ownership may be passed by a last will and testament or other devise. Where such legal right exists and in order for the right of ownership to pass freely with a potential right of entry, specific matters need to be addressed within his will. Future interests in property may be transferrable and a right of survivorship can be preserved in the children. Re-titling of the property is another option.

Unfortunately your question invokes various legal matters and no specific answer can be provided.

Contact me should you need further assistance.

Holthaus Law Office

(410) 799-9002

NOTICE: This information is provided in response to a general legal question. In order for a attorney-client relationship to exist you should contact an attorney for legal advice specific to your matter.

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Answered on 3/17/04, 10:20 pm


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