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Protecting Family Real Property Through Deed Transfers in Maryland

Yollette Atkinson Jan. 22, 2026

Family real property—such as a primary residence, vacation home, or inherited land—often represents both significant financial value and deep personal meaning.  In Maryland, careful planning around deed transfers can help families protect these assets, reduce future disputes, and ensure property passes smoothly to the next generation.

Unlike some states, Maryland does not currently recognize transfer-on-death deeds for real property.  This makes advance planning through other deed strategies especially important for Maryland property owners.  Because TOD deeds are not available, relying solely on a will may still require probate unless alternative deed planning is in place.

Below are common deed-based strategies used in Maryland to safeguard family real property and highlights key considerations property owners should understand before making changes.

Why Deed Transfers Matter in Property Protection

A deed is the legal instrument that establishes ownership of real property. How a deed is structured—and when it is transferred—can have long-term consequences for:

  • Probate avoidance

  • Estate and succession planning

  • Exposure to creditors or lawsuits

  • Tax treatment

  • Family harmony and clarity

Properly planned deed transfers can be a powerful tool, but they must be handled carefully to avoid unintended legal or financial consequences.

Common Deed Transfer Strategies in Maryland

1. Joint Tenancy with Right of Survivorship

One frequently used method is holding property as joint tenants with right of survivorship.  When one owner passes away, the surviving owner(s) automatically inherits the property without probate.

Potential benefits:

  • Avoids probate for that property

  • Simple and relatively inexpensive to implement

Important considerations:

  • The property becomes vulnerable to the creditors of all joint owners

  • All owners must agree to sell or refinance

  • Adding someone as a joint owner may be considered a taxable gift

 

2. Life Estate Deeds

A life estate deed allows a property owner (the “life tenant”) to retain the right to live in and use the property for life, while naming a “remainderman” who automatically receives ownership upon the life tenant’s death.

Potential benefits:

  • Avoids probate

  • Maintains control and occupancy during lifetime

  • Can support long-term family property planning

Important considerations:

  • The remainderman’s consent is typically required to sell or mortgage the property (only if the life tenant does not retain full power during their lifetime).

  • May have Medicaid and tax implications

  • Difficult to undo without all parties’ agreement

 

3. Deeds to Family Trusts

Transferring property into a revocable or irrevocable trust can offer enhanced protection and flexibility, especially for larger estates or complex family situations.

Potential benefits:

  • Avoids probate

  • Allows detailed control over future use and distribution

  • Can protect beneficiaries from creditors, divorce, or mismanagement

Important considerations:

  • Requires careful drafting and administration

  • May involve upfront legal costs

  • Tax treatment depends on trust structure

Risks of Informal or DIY Deed Transfers

Families sometimes attempt to transfer deeds without legal guidance, often to “keep things simple.” Unfortunately, improperly drafted or recorded deeds can result in:

  • Clouded title issues

  • Unintended loss of control

  • Disqualification from benefits

  • Capital gains or gift tax surprises

  • Family disputes after death

Maryland property law is technical, and even small errors in the deed language or recording can create costly problems later.

When to Consider Legal Guidance

Deed transfers are not one-size-fits-all. The right strategy depends on factors such as:

  • Family dynamics

  • Long-term care planning concerns

  • Tax exposure

  • Existing mortgages or liens

  • Whether the property is intended to stay in the family long-term

An experienced Maryland real estate or estate planning attorney can help evaluate options, explain trade-offs, and ensure deed transfers align with your broader goals.

Final Thoughts

Protecting family real property requires more than good intentions—it requires informed planning.  Deed transfers, when used correctly, can preserve property, minimize legal complications, and provide peace of mind for generations to come.

If you are considering changing how your property is titled or planning for the future of a family home, professional guidance can help ensure the process is done correctly and in compliance with Maryland law.

At Atkinson Law, we listen to all our clients and protect their interests so they can receive a positive outcome.  We’ll work with you and give you the best possible recommendation for your future.  To learn more about Deeds, contact us today by calling (410) 882-9595 or visiting our website.