Friday, February 6th, Attorney Steven M. Berger discusses the question: Why does my parent's property have to go through probate when the Will gives it to me and my other siblings?
Our common law system is the answer. The Will needs to be proven in Court before distributing the property.
If there is no Will, Maryland has a statutory scheme to follow for inheriting by law.
Pre-1970’s without a Will, it would go to the children equally. Now there is a system of probate where clear title can be established.
Trust or life estate deed can also be used to designate property.
The lesson is if you own a property jointly with one other person, it’s the survivor’s Will that will govern how the property is distributed.
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