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


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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.