Ch. 10 Flashcards
Adverse Possession
When an adverse user in possession of property for a continuous period of at least 20 years is recognized as having ownership rights. The possession must have been open and notoriuous (without permission).
Deed
A written instrument that, when executed and delivered, conveys ownership in real estate. One f the requirements for a valid deed is a competent seller’s (grantor) signature.
Devise
A valid will (testate) could call for the transfer of real property. The individual (beneficiary) receiving the real property through the will is the devisee.
Elective Share
A term relating to inheritance, which describes a proportion of an estate that the surviving spouse of the deceased may claim in place of what the spouse was left in the decedent’s will.
Heirs
Individuals who inherit property through descent due to their descendants’ dying intestate (without a valid will).
Holographic Wills
A will in the handwriting of the testator; only recognized in MD if they are properly attested (witnessed).
Intestate
When an estate is without a valid will, the surviving spouse and other heirs are provided for by the MD Law of Descent and Distribution.
Legacy
Money or personal property dispersed by a will. The individual (beneficiary) receiving personal property is known as a legatee.
Nuncupative Wills
An oral will, which is not recognized in MD, results in the individual dying intestate.
Recording Requirements
According to MD State law, deeds, mortgages, leases, and ground leases for longer than 7 years must be recorded.