If the personal representative of your father's estate made a distribution from his estate to you and your sister without first paying the estate's outstanding valid claims then those creditors can institute legal action against you and your sisters to collect what is owed them to extent...View More
My uncle is a fiduciary to my sons trust fund. The fund was created when my mother passed. We have never seen an accounting of the money. How do we find out what's going on with the fund? He is not returning phone calls or emails or snail mail in regards to this matter.
Your uncle as trustee of a trust for the benefit of your son is required to provide your son or, if he is a minor, his parents with an accounting of the trust assets. Unfortunately, since your uncle is refusing to communicate with you, your son or you will be required to institute litigation...View More
Your late mother's house can be sold through her estate by the personal representaive or after it has been transferred from her estate to the designated legatees or heirs by them. There are certain benefits availble to an estate to sell real property which is not available to individuals...View More
As with most legal questions, there is generally not one correct answer for all circumstances, but is based on the underlying facts of that situation. If the personal representative moved in to your mother's home to preserve and protect it during the administration of the estate, that...View More
Assuming that your mother's reverse mortgage is federally insured, upon her death the outstanding balance of the mortgage becomes due, however, neither her estate nor any anyone inheriting from her estate will become liable for that debt. In your mother's case where there is no equity in...View More
My grandfather recently died. He had a bank account set up for me and my two siblings. During the time he had Alzheimer's disease, Parkinson's, and Dementia, my Aunt & Father were fighting in court over who had power of attorney. Over his money, wills, body, etc. My aunt got power of... View More
There is no quick or easy answer to your question. Your aunt in her capacity as your grandfather's agent under the power of attorney created by him owed him a fiduciary duty to administer his property in his best interest. Furthermore, your aunt cannot act under the power of attorney for her...View More
If the property is located in Maryland and is titled solely in in name of your mother-in-law's grandfather, then that property is an asset of the estate of the grandfather. Your mother-in-law most likely has a right to receive an interest in the property either through intestate succession or...View More
Due to neglect & mismanagement by the personal representive. Damages were done to the property by bursted water pipes,from no heat. The property was covered by insurance. But the repairs are really bad and incomplete. There is nothing in the account filing showing the cost of repairs or... View More
Filing exceptions to an administration account is a time sensitive issue since exceptions have to be filed within 20 day of approval of the administration account. Even though receipt of insurance proceeds and expenditures of repairs to an estate asset (the house) should be included in the...View More
One of the primary duties of the personal representative is to marshal the decedent's assets. As part of this duty to marshal assets, Maryland law explicitly authorizes the personal representative the right to sale the decedent's assets including real property. After an estate is...View More
A probate estate or the persons receiving under that estate may be subject estate and/or inheritance taxes. Due to the size of the estate and whose inheriting from it, there will be neither estate nor inheritance taxes owing. For estates of decedent's who died in 2015, no federal estate...View More
My mother's mom and dad passed away. She currently has two siblings. We have registered the Will and it states that the proceeds from selling the home will be divided equally. Please explain the next steps for the sell of the home. Thank you
If the property has already been distributed from an estate of the deceased owner to an heir of the estate, then that heir is now the owner and can sell it without any restrictions. However, if the property is still titled in the name of the deceased, then an estate has to be opened and...View More
Your mother can only gift and transfer any property she owns if she is found to be competent to do so. This finding of competency is predominantly a medical decision and her treating physicians or a specialist such as a neurologist should evaluate your mother to determine if she is competent. If...View More
If these brokerage accounts are titled as "TOD" or transfer on death accounts in which your children are the designated as beneficiaries then these accounts will not be part of your probate estate. These accounts will automatically transfer to your children after your death once they...View More
If a persons dies intestate or without a will, then that person's estate after paying his or her allowable debts and administrative expenses of the estate is distributed according to the laws of intestate succession. Accordingly, if a persons has a surviving spouse then that spouse is...View More
A spouse is not required to leave any assets to a surviving spouse under his or her will. However, if a spouse is disinherited or left a nominal amount under a deceased spouse's will then the surviving spouse can elect against the deceased spouse's estate and receive one-third of the...View More
at the nursing home. She is still on private pay, but is running out of money quickly. With her permission, am I am to sell her car? If so, what do I need to know to benefit her the most? We live in Maryland.
I presume that your aunt is single or if married her spouse is also in a skilled nursing facility so that there is a need to spend down her assets below $2,500 in order for her to qualify for medical assistance. If she is married and has a spouse is still living in the community, then certain...View More
Unlike personal representative's commissions in a small estate, counsel fees are not prohibited. However, since there are no statutorily allowed commissions, the attorney seeking counsel fees must submit a petition for counsel fees with the the orphans' court. Furthermore, since counsel...View More
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