When you open an estate involving real estate, who does the property go to? How long before it is transferred to you?

My mom passed away, I need to open an estate. Can the property be taken from me, how long will I have to wait?

Baltimore, MD -

Attorney Answers (3)

Nicholas Bernard Proy

Nicholas Bernard Proy

Estate Planning Attorney - Finksburg, MD
Answered

The property can't be taken from you because it isn't yours yet. Only after the estate has been opened and administered can you receive the property. That being said, the property can be taken from the estate if you don't follow the proper procedure for opening the estate, notifying creditors, etc...

Generally, you need to wait until the statute of limitations expires for claims against the estate before you can transfer the property. If you hire an experienced estate administration/probate attorney, the entire process will take roughly 6-9 months.

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I proudly serve clients throughout Maryland, Pennsylvania and Washington, D.C. My phone number is (443) 352-8517 and my email address is nick@proylaw.com. For more information, you can also visit my website at www.proylaw.com.

Licensed in MD, PA and DC. This is not legal advice. I am not your attorney until we have mutually agreed that I... more
Michael Leo Potter

Michael Leo Potter

Probate Attorney - Las Vegas, NV
Answered

Property whether it's real estate or what's called 'personal property' (everything other than real estate) will typically pass to the person(s) designated as beneficiaries in the deceased's Last Will.. If the person died with no Will (what the law calls 'Intestate'), property passes according to State law that applies to Intestate Succession. Once a probate Estate is opened, the property can pass by authority of the Executor as outlined in the Probate Court's letter of authority. It doesn't have to take long and once it is transferred legal title (ownership) vests in your name.

James P. Frederick

James P. Frederick

Probate Attorney - Livonia, MI
Answered

Once an estate is opened, title can be transferred very quickly. As to whether the property can be taken away, it is not clear from your summary who would do such a thing or on what basis. A probate attorney could be a really good resource for you, because it sounds like you are a little overwhelmed, at the moment.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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