Family Deed Ownership Explained

Summary

In Maryland, if a property is held as joint tenants, the deceaseds share automatically passes to the surviving owners. This typically overrides any conflicting terms in a will. Inheritance tax is generally not applicable to joint tenants, but adding someone to the deed may have tax implications. Consult a local attorney for personalized advice.

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Trying to get answers about family deed after one family member in deed passes on
Hi Norman, I'm sorry to hear about your loss. Can you please share which country or state this matter is related to? The laws governing inheritance and property can vary significantly based on location.
Certainly, maryland
Thank you for providing the location, Norman. In Maryland, if the property deed was held as "joint tenants with right of survivorship," the property automatically passes on to the surviving owners. Is this the case for your family deed?
Yes, so would that persins interest be divided equally amongst remaining survivors?
Yes, if the property deed was held as "joint tenants with right of survivorship," the deceased's share is divided equally among the remaining owners. This happens automatically under Maryland law.
I am trying to find exactly how it is worded in deed
To help you better, Norman, could you please clarify if you're asking for the specific language used in the deed to indicate the property is held as "joint tenants with right of survivorship"?
Joint tenants and not tenants in common
In Maryland, the term 'joint tenants' by itself presumes a 'right of survivorship'. This implies that upon death of one tenant, their interest automatically passes to the surviving joint tenants. 'Tenants in common' would need to be specifically stated to alter this presumption.
What does that mean?
When a property is owned as 'joint tenants', if one owner dies, their share automatically goes to the remaining owners. 'Tenants in common' means each owner has a separate share, which doesn't automatically pass to the others upon death. This is how it works in Maryland.
Where does that share go? There were * names on deed so what happens when one passes?
In Maryland, when a property is owned as 'joint tenants' and one owner passes away, their share is equally divided among the remaining owners. So, if there were * joint tenants and one passes, the deceased's share would be split equally among the * survivors.
That is what we thought but were advised by other family member that we get nothing that is passes to them only.
I understand your concern, Norman. Can you please clarify who 'them' refers to? Are they also joint tenants or someone else? This will help me provide a more accurate response.
She is a joint tenants also. It was her father who passed and neice and nephew are other joint tenants
I see. In Maryland, if all of you are joint tenants, then the deceased's share should be equally divided among the surviving joint tenants. Did the deceased leave a will that stated otherwise?
His will states..he bequeaths all joint properties beheld by him to be held to those person persons who survive me
If the will states that the joint properties are to be held by the surviving persons, then it reinforces the joint tenancy arrangement. The deceased's share should be equally divided among you and the other surviving joint tenants. Has there been a different interpretation of the will?
Only by his daughter. She feels she inherited his share fully. She said the will over rides a deed and we told her the deed over rides the will
In Maryland, a deed usually takes precedence over a will. If the property is held as 'joint tenants', the deceased's share should be equally divided among the remaining joint tenants, regardless of what the will states. I recommend seeking legal advice to resolve this issue.
We are trying to find an attorney locally to help us out. Would this said person be responsible to help pay inheritance tax that other family members encounter if she wants to add her family member to deed to regain more ownership
In Maryland, inheritance tax isn't typically paid by joint tenants. However, if she intends to add someone to the deed, it might be seen as a gift, which could have tax implications. A local attorney can provide detailed advice.
But inheritance tax is paid by non blood linear family members we were told.
In Maryland, inheritance tax is generally paid if the inheritor is a distant relative or non-relative. However, joint tenants usually are not subject to this. An attorney can provide more specific advice based on your situation.
Thank you
You're welcome, Norman. If you have any more questions in the future, feel free to ask. Best of luck with your situation.
You have been very helpful
I'm glad I could assist you, Norman. If you have any more questions or require further clarification, don't hesitate to ask. Best of luck with your situation.