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Do i have to get a new title for a property that was owned by my mom before she passed and if so how do i do that?
Anonymous4 views3 answers
can i legally take control over my moms property after she expired even if her deed doesn't list anyone to have control over her property...i do have an estate account
You must follow the instructions in the Will, or the intestacy rules. And then, only the Personal Representative can execute and record a deed out of the Estate.
Legal title can only pass in accordance with her will or, if there is no will, to the heirs at law under the intestacy statute, and only under supervision of the court in which the estate is filed. You would be advised to hire counsel to assist you in this process.
You indicate that you "have an estate account." Have you opened an estate and are you the named Personal Representative? If so, as the PR you will be obligated to follow the terms of your Mother's will if she had one. If she died without a will (intestate), you will need to distribute her property in accordance with rules of distribution for intestate estates. There is a nice summary of the rules of intestate succession at http://www.nolo.com/legal-encyclopedia/intestate-succession-maryland.html.
If you have not formally opened an estate, you will need to do so in order to properly transfer your Mother's property.