Only child of deceased parent. how to claim mortgaged home

Asked about 4 years ago - Baltimore, MD

my mom recently passed and i am an only child. she never married. she owned the home she lived in with her uncle, who is also deceased. my uncle has no children, but my mom did have siblings. she had no will and no other property/estate. do i now own the home? or is there possibilities for cousins or her sisters to claim ownership?

Attorney answers (2)

  1. Anne Debelius Lopiano

    Contributor Level 11

    Answered . If the facts you report are accurate, then you would be the rightful owner of the home, assuming your mother did not die with debts she owed that would be payable out of the assets she owned ( the house). Your mother's creditors have up to 6 months after her death to come forward and file a claim wiht the Register of Wills or the Personal Representative. You will need to open a probate estate (at least for your mother's estate) at the Register of Wills Office in the Maryland County in which your mother was living at the time of her death, (if not also for your uncle's estate) in order to have a paper trail and the legal authority (Letters of Administration) to create and record a new deed that transfers the real estate to your name, or to thave the authority to sell the house so as to opay off her just debts and then to pay over to yourself all the remaining sale proceeds. Best to get a lawyer for this.

  2. Geraldine Anne Brown

    Contributor Level 14

    Answered . According to Maryland Law:
    § 3-103. Division among surviving issue.
    The net estate, exclusive of the share of the surviving spouse, or the entire net estate if there is no surviving spouse, shall be divided equally among the surviving issue, by representation as defined in § 1-210.
    This means that if you are the only child and both your parents are deceased, you should inherit all of your mother's assets.
    This is general information and not intended as legal advice. No attorney-client relationship has been established.

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