Brother died intestate on 8/13/2021. Probate court date is 27 October, at which time personal representative will be selected. Creditors will have 6 months to come forward. House is major asset and there are insufficient cash funds in the estate at present to pay mortgage payments. Equity in... Read more »
No chance the mortgage company can foreclose and sell that fast. It takes at least 90 days of no mortgage payments to trigger the foreclosure notices, and if the PR communicates to the mortgage company the death of the borrower and that an estate is open and the house will be sold, then they will...Read more »
My siblings and I were willed a house. One sibling wants to keep the house and has made a buyout offer. I don't believe the buyout offer is equitable. I am seeking expertise with interpreting the appraisal to obtain a fair buyout offer. I have no idea what type of legal representation I need... Read more »
It’s been a pretty hot market this past year around here, so you’re going to want to get a fair appraisal done to at least know what the house is likely able to sell for. I think what you’re saying is that the house was already deeded by the estate to the three of you, so now you all own 1/3....Read more »
Managing a decedent's estate is not like following a recipe to bake a cake. If you are not going to hire an estate lawyer, then you need to download and read all the brochures on estate administration available on the Register of Wills website, as well as make appointments with the ROW to...Read more »
There are three types of deeds in real property in Maryland: 1) General Warranty Deeds; 2) Special Warranty Deeds; and 3) Quitclaim Deeds. The first is rarely used in Maryland. It promises that the transferor's title was good from all claims before him. The second type merely warrants that the...Read more »
How long do I have to wait after being appointed as PR to sell real property? Do I need to file anything with the court or notify interested persons of the sale? In addition, decedent also owns a mobile home. Am I required to get a formal appraisal for the mobile home?
There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract...Read more »
to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?
The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since...Read more »
I am about to open an estate for my mother and found out her property was sold at a tax sale a week after her death. Am I still able to sell the home once I am appointed PR or will I have to redeem the property by paying off lien first?
The answer will depend on the jurisdiction and the terms of sale. Usually, a sale must be approved by the court before it is beyond redemption. In some jurisdictions, all that was sold was a tax certificate that entitles the buyer to a high interest rate. In any event, the death before the sale may...Read more »
My dad passed away in March 2021. We agreed my brother and sister would divided real estate property in half. I opted out because I was gifted 4 acres 17 years ago and consider that as an early inheritance. My brother was personal representative until becoming too ill, my sister then accepted the... Read more »
I am assuming that your father died without a Will, otherwise that would control. If there was no Will, then the estate is split three ways, one equal share for each of you, your sister, and your nephew, unless your brother was either (1) not the biological child of your father, or (2) was not...Read more »
Maryland. Real property was held in a life estate deed, with rights, and POD to decedent's children (from previous marriages). Life estate deed was created 6 yrs prior to current marriage to surviving spouse. Decedent and surviving spouse were married 18 yrs when decedent passed.
Your facts are incomplete. Real property owned by the decedent is included in the estate for all purposes; however, real estate deeded under a typical life estate has (1) a life tenant, who has exclusive use and rights to the property during their lifetime, but does not "own" the...Read more »
I paid the mortgage and taxes on the property the last few years before her death. I paid off the mortgage months after her death and have continued to pay the annual property taxes on the now vacant land. I would like to put the property in my name so that I can sell it. I have 2 siblings that I... Read more »
You need to open an estate for your mother, in the jurisdiction she resided in at the time of her death. If that was in the same jurisdiction as the now vacant land, do it there. Once you are appointed executor or personal representative of the estate, you can then sell the property without...Read more »
Estate assets total $11,552. Allowable funereal expenses are $4,398, applicable family allowances are $10,0000 and filing fee is $100 for total expenses of $14,498. Estate assets are $2,946 less than allowable expenses.
Section 8-105 of the Estates & Trusts Code governs priority of payments from an estate:(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:
otherwise there would be no house to sell. My sibling is the Executor, has hired an appraiser to sell furniture, donate and discard her belongings without including me. I've asked for a detailed list of everything sold and donated but has refused telling me to wait til all is finalized. Do I... Read more »
You should probably have a consult with a lawyer to review the will, if any, and the petition for probate and inventory. Perhaps you should be a co-personal representative or insist on notices or file a claim.
A lawyer can be very helpful in sorting these things out, but, generally, the clothing of the deceased has very little economic value. It is most often donated to a homeless shelter or Salvation Army, and the proceeds are insignificant. The leftover food in the house is worth even less, and you...Read more »
It's not that simple. When a person dies, any assets they own becomes property of their estate, whether or not a formal estate has been filed and opened. Financial institutions like banks will freeze and lock the accounts of any account holder whom they learn has died, and will only allow...Read more »
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 »
No. The final distributions are made in accordance with the final account filed and approved by the court. Written exceptions to the account are filed by any interested person and resolved by the court, if any are filed. That is not to say that a distribution plan cannot be agreed upon by all...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.
from the Executor. However, do the heirs receive notice before final distribution and have the opportunity to request a detailed summary of the accounting and able to object if need be? Also can the Executor (and heir) allow himself compensation against the estate if another heir took care of... Read more »
Objections (or, "exceptions") to an account may be made within 20 days following the court's notice approving the account. Note, this is not 20 days after receiving a copy of the account that has yet to be approved. In many cases, the audit department raises issues and requires...Read more »
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