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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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I live in a property in Montgomery County, MD and am

Customer Question

I live in a property in Montgomery County, MD and am refinancing. My husband will be on the new mortgage and I want to have the deed show both of us, but in a way that will not involve probate upon the death of one of us. What is the best way do this?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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This is a fairly simple and inexpensive fix as you just need to have a deed drafted so that it states that you and husband are "joint tenants with right of survivorship".

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With this type of designation in the deed, you are equal owners and then when one person passes, the survivor becomes the sole owner of the property instantly without any further action. It allows the survivor to avoid having the house go into the deceased's estate so as to have to go through probate.

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So if the deed is currently only in your name, you would have a new deed drafted with you being the Grantor and then you and husband being the Grantees, as joint tenants with right of survivorship.

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thanks

Barrister

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