My husband"s father passed away and left no will. He has two brothers, one estranged and one incarcerated for murder etc.. My husband and I are looking into getting the house in our name.. The estranged brother will sign a wave of bond, no problem.. The incarcerated one, most likely will not. What steps must we take in order to gain control and ownership of this property?
Assuming this is Maryland property, someone needs to start probate at the office of the Register of Wills in the county where his father lived if he was a Maryland resident or the county where the property is. Maryland law provides that if a parent dies without a Will and without a spouse that his children and the issue (children, grandchildren, etc) of any deceased child take equal shares. The brother who is incarcerated can't act as Personal representative and if the estranged brother has or will also Consent to your husband being PR he can start probate. For detailed information on probate, see the publications about administering estates here http://registers.maryland.gov/main/packets.html
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Estate Planning Attorney
Mr. Meng is correct, you need to open probate and have a personal representative of the estate named. Whether your husband can take full ownership of the property is dependent on the other parties agreeing to this, they have a right to ownership. You have some discrete issues and may benefit from having an attorney.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
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