If mother owned property before marriage and when she passed away her husband took everything, is that legal?

Do my siblings and I get anything?

Asked on March 4, 2012 under Estate Planning, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for your troubles.  How the property was held matters here and there is simply not enough information to give any guidance.  If your Mother put the property in both hers and her husband's names prior to her death then it passed to him automatically upon her death.  If the property was not jointly held then she could have given it to him in a Will.  If there was no Will then it went to the estate and passed through intestacy and then yes, you and your siblings most likely would receive something.  Please get help.  Good luck. 


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