In a word, "yes". There are definitely tax implications and very often differences between selling real property during the original owner's lifetime vs. after their death. An online post cannot analyze what your specific tax consequences would be in either case (it is more of a... View More

Pay a real estate lawyer for an hour of his or her term to review the deed and address any proper citation to legal authority based on your situation, and have that lawyer electronically file the deed. The last thing you ever want to screw up is a deed in the land records, which will come back to... View More

You will not be personally liable on the mortgage, but the mortgage still has to be paid or the lender can foreclose, sell the property at auction, and the first proceeds received will be applied to your tax lien interest because it has priority over the mortgage balance due. I cannot answer as to... View More

Liens have different "priority" depending on the circumstances and what you're asking is basically a question of priority. Tax liens generally have priority IF all proper procedures are followed in the tax sale foreclosure case. However, merely purchasing at tax sale in Maryland... View More

At least 2 other options would avoid probate without triggering the need for a gift tax return and without losing the stepped up basis as would happen with an outright gift purchase. One such option is to hold the property in a Revocable Living Trust, the other would be to hold through a life... View More

It sounds right, but you would be well served to plan her estate at once instead of piecemeal. For example, you write of a Maryland house, but the question is posted from DC. The state estate and inheritance tax is different in those two places. And, Ms. Whitehurst is correct that a trust does this... View More

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answered on Apr 22, 2025

You can also avoid probate using a trust, which is a better solution. Your mother should consult with an attorney about the adverse consequences to her of the outright gift method if she ever needs to go into a nursing home. You should consult an attorney regarding the adverse tax consequences to... View More

I agree with the other two answers. Setting aside the question of qualifing for Medicaid for longterm nursing home care (assuming she would even qualify for Medicaid given her assets), from your financial standpoint it would make more sense if she purchased the house in the name of her existing... View More

The post mentions both an executor, an estate and a trust. While it might be tempting to think of all of these things as the same (they all help pass property from the person who died to the beneficiaries), from a legal standpoint they are quite different. If the property is in a Trust, it will... View More

Maryland’s 10% Inheritance tax only applies to non-spouses, non-lineal heirs and ancestors, and non-siblings. So, for instance, if the beneficiary receiving title to the house is a child of the deceased grantor of the trust, then there is no inheritance tax. In addition, assuming the grantor of... View More

State transfer tax exemptions are contained in section 12-108 of the Tax Property article of the Maryland Annotated Code. State recordation tax exemptions are contained in section 13-207 of the same article. Local transfer tax codes will vary from county to county. Yes, some jurisdictions in MD... View More

Yes, you can register and drive a de-commissioned ambulance as a used truck. You must remove all emergency lights and logos/wording/markings designating it as an emergency vehicle (the words “emergency,” “EMS,” crosses, etc.). You should check with the MVA whether anything else must be... View More

While deeds are not terribly complex, tax exempt deeds often have very exacting requirements. Our law firm regularly assists with exempt transfers to LLCs in MD so we're quite familiar with this.

Md. Ann Code, Tax Property Sect. 12-108 is the correct statute, but subsection (y) deals... View More

Assuming your mother's trust is a revocable living trust, then upon her death the tax basis in the property is stepped-up to the fair market value of the property as of the date of her death. If you and your brother are sole beneficiaries of the trust, and the trust allows for the... View More

Although an attorney cannot answer specific questions about a specific Trust without seeing the Trust terms, generally speaking there is a stepped-up basis for inherited property. There are different kinds of Trusts and the post doesn't say what kind is involved here but for a typical... View More

The only likely scenario where you can continue paying the existing mortgage on your deceased father's home without replacing (refinancing) it, is if you are your father's heir and are receiving the house as part of his estate distribution. In that scenario, the law allows an heir in the... View More

While there is no legal process to "forfeit land" practically speaking if the owner defaults on the annual property taxes it would go into tax sale, and if someone else purchased the property at tax sale it would have the same practical effect as forfeiting. However, a Personal... View More

As the trustee of this estate, your primary responsibility is to act in the best interests of the beneficiaries. While forfeiting land for debt might seem like a direct solution, it's generally not a feasible option. Forfeiture typically occurs due to illegal activity, not as a means of debt... View More

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answered on Jun 13, 2024

If you never signed any documents accepting the property, you may not legally own it. However, if your sister transferred the property to you through a deed recorded in public records, you would need to take steps to transfer it back.

To give the property back to your sister, you will need... View More

And does "gave me" include recording a deed? The answer to that question will determine what any lawyer can tell you.

If no deed, simply refuse to accept it.

If a deed, consider selling it. Otherwise, you will need the grantor to join in another instrument renouncing or... View More