We have been paying taxes for years and just found out the property is no longer ours. We've been paying taxes every year for over 60 years since the death of our father. How can I get my money back from the state of Maryland.. They sent me statements and accepted my money for property taxes... Read more »
answered on Apr 1, 2022
Generally speaking anyone can pay anyone else's property taxes... the state will not reimburse someone for paying taxes on property they do not own.
However, the question prompts another - how was there confusion on the ownership of the property? Tax bills show the name of the... Read more »
Return them to their mother until I can get back into court? Can I be arrested for doing this?
answered on Apr 1, 2022
This question really needs to be posed to a family law attorney, in private consultation, who can look at the custody order and listen to the facts related to the possible abuse to see if an emergency petition is in order. Violating an existing court order can indeed cause someone to be held for... Read more »
Used furniture - not antique.
answered on Apr 1, 2022
An appraisal is required for most tangible personal property that the decedent dies owning. Under Maryland law a Personal Representative can only value certain kinds of personal property (e.g., automobiles with a blue book value). Unfortunately furniture is not in the list of items a Personal... Read more »
He had to get his life insurance papework notarized due to state of Michigan retirement/pension rules, which he did, and then sent it in to be filed. In 2021, he remarried and went through the state of Michigan online system and put his new wife down as the beneficiary. He did not go through a... Read more »
answered on Apr 1, 2022
I am sorry to hear of the recent loss of your father.
The post states that the policy holder "went through the online system and put his new wife down as the beneficiary." That is almost certainly the answer to the question "who the true beneficiary is of his life... Read more »
answered on Apr 1, 2022
The Grantees are persons receiving an interest in property. So if B holds a life estate during C's life (it isn't clear why one would do this), "C" wouldn't be a grantee.
There are a variety of ways one can transfer lifetime interests in property, with a host of... Read more »
answered on Apr 1, 2022
As another attorney noted, the general rule is that joint accounts with survivorship rights pass to the survivor without going through probate.
However, there are some circumstances under which the general rule does not apply and funds in a joint account are construed as being held in a... Read more »
Hey I have question, about year ago we made an offer on a house it was listed 80k and we made offer of 90k and Realestate agent told us someone offered 95k and their offer was accepted it was sealed offers, and we could not buy it, I just came across with that house again it says sold for 80 on... Read more »
answered on Sep 20, 2021
The initial contract price is not always the final sale price. While it is possible your agent lied, it is also possible that the Seller in fact accepted a higher offer and either the appraisal or an inspection caused a re-negotiation of the price before it got to sale. Because contracts,... Read more »
answered on Sep 16, 2021
No. You simply need to verify the exact date of death balance in the account.
answered on Sep 2, 2021
The fee for trusts is not set by law and estate planning attorneys will set their own rates, so a trust may cost more or less than the figure you quoted, depending on the circumstances and what else is involved. (My firm, for example, at time of this post prepares comprehensive revocable trust... Read more »
I have no expectations as one of the four children that I have sole right to the property and estate. What I am wondering is, because I am very low income, part of which is due to health issues, how much notice do I have a right to receive before they try and sell the house. For what we're... Read more »
answered on Aug 5, 2021
Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or... Read more »
From reading, I don't need to file income or estate taxes. I'm confused on the capital gains. Please help. Thank you!
answered on Jul 29, 2021
Hi,
Are you selling the property? If not, you typically would not calculate capital gains tax at this stage. When you do sell, the capital gains will depend how you received the property, how much it sold for and what the original value or "basis" is. Typically an accountant... Read more »
In 1998 my parents helped me buy a condo. The deed has my name and my father's name on it. I was told at the time that when he died I would automatically inherit his share of the condo, with no taxes owed. He died in 2011 and I have not tried to change the deed and I'm worried about any... Read more »
answered on Jul 29, 2021
Your situation seems to involve a hybrid -- if your name was put on the property while your father was living, and you inherited the balance when your father died you need to separately figure out the capital gains for each half. The very general rule is that anything someone inherits gets a... Read more »
answered on Jun 15, 2021
Short answer is "yes." Under current Maryland law, a niece/nephew pays 10% on the value of what they inherit from an aunt/uncle (whether through a Will, co-owned account or a POD account).
question I previously posted. (1) I noticed on the MD court website for my mother's estate, with the docket of forms already filed with the court, the PR has listed $0 in inventory of household belongings filed. I've become aware an appraiser was hired to sell, donate or gift belongings... Read more »
answered on Mar 26, 2021
To get specific legal advice on a particular estate you may want to reach out to an estate attorney for a consultation.
To answer the general question "Does [a] PR need permission from the court to settle?" Usually no, under most circumstances a Personal Representative in... Read more »
We and three other families intend to sell our homes when our kids go to college and build one large custom home on acreage. Should we form some manner of legal entity to pool our money and deal with the builder, etc.?
answered on Mar 26, 2021
The answer depends in part on whether you need funding (mortgage) or not. Funding as an entity will be different than getting funds as an individual (or couple) for a primary residence. Additionally, an LLC is not a natural person so property held by an LLC will not be anyone's principal... Read more »
recent update was filed but wasn't included in the docket information to request a copy. Why is this not listed? Also, can you tell me what are "court sealed dockets" that are not available to request a copy other than a Will held in safekeeping? Thank you.
answered on Mar 16, 2021
Most all documents filed in an estate are a matter of public record. The court may, in rare situations, seal documents which are not open to the public.
If you have questions about a specific filed document not showing up in the docket it would probably be best to direct the question to... Read more »
all necessary info and guidelines for the Executor to proceed, but more importantly to avoid any unnecessary legal fees. As a beneficiary only myself, I suppose I can file a grievance with the court if need be. Can you tell me what a probate lawyer can do that I wouldn't be able to do myself... Read more »
answered on Mar 16, 2021
At the outset it isn't clear if you are both the Personal Representative and an heir (or only an heir). In the average (routine) estate heirs do not engage lawyers while it is common for the Personal Representative to hire a lawyer to assist with the estate administration.
A probate... Read more »
answered on Mar 15, 2021
Assuming the "family home" is in the probate estate, then yes, a Personal Representative of an estate can usually sell the property without getting permission from other family members. However, the Personal Representative must report the sale to the court and get the court to sign off... Read more »
the collection among beneficiaries in the meantime UNLESS an heir believes the collection wouldn't be appraised appropriately all together at a later date after regular Estate is closed
answered on Mar 15, 2021
This appears like a conclusion rather than a question. However, to the extent this is a question asking whether a Personal Representative can/should avoid appraising an asset to avoid tax, that would be a very ill-advised course of action. A Personal Representative has an obligation to appraise... Read more »
I inherited a house in Maryland. The estate is in probate and I'm the executor and sole heir (I will be filling for modified administration). As I understand it, the house can be sold either by the estate or deeded to me first before the sale. For both options, when exactly in the probate... Read more »
answered on Feb 8, 2021
"For both options, when exactly in the probate process am I allowed to sell the house?"
A Personal Representative may SELL property at any time after being appointed so long as it is sold for fair market value.
As far as DISBURSING the proceeds or transferring to an... Read more »
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