What to do about a possible invalid deed?

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What to do about a possible invalid deed?

My mother recently passed away and did not have a Will.  Her husband has kept everything the car, $285,000 in life insurance, and the house. However, she deeded my step-father onto the house before they were married. The deed was not witnessed; it was signed and notarized on different days and it states that it is deeding on her husband as a tenant by the entirety when they were not married at the time.

Asked on April 27, 2011 under Estate Planning, Maryland

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  SoI get the feeling that what you are really asking here is can you try and bring an action to invalidate the deed or set it aside as an invalid transfer, correct? You seem to have done some research in to the issue and I would consider taking it a step further and speaking with a real estate litigation attorney in your area.  If you can prove that the propertywas improperly transferred then maybe you have a shot at having it pass through her estate rather than "outside the estate" and by operation of law (when things are held with rights of survivorship as is real property held by tenants in the entirety).  Good luck.


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