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Questions Answered by Brian Robert Gormley
2 Answers | Asked in Real Estate Law for Maryland on
Q: In cases of multiple owners of a property, does majority rule on questions of selling, renting, etc?

Also, would a majority ownership share rule?

Brian Robert Gormley
Brian Robert Gormley answered on Sep 21, 2020

Each owner in a joint ownership situation would have a say. If there is a disagreement, then ultimately you need to seek a partition action to force a sale.

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3 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Probate, Trusts and an Un-trust worthy executor

My uncle died in Aug 19 leaving his assets divided into 4ths among me, my brother and cousins. My father is the executor and we are estranged. My 25% was put in a trust with my father as the trustee. My father did not tell me of my inheritence I only received life insurance. He seems to be dragging... Read more »

Brian Robert Gormley
Brian Robert Gormley answered on Jul 6, 2020

It's sometimes difficult to know how to handle delicate estate situations. As a beneficiary of a trust, you have the right to review the trust itself and receive periodic accountings. I would start there and see what information you get. Hopefully, you will not need to involve the courts in... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Hello, I will be inheriting $90,000. and live in Montgomery County Maryland will I be paying any MD or Federal taxes?
Brian Robert Gormley
Brian Robert Gormley answered on Jun 1, 2020

If the sum total of the Estate is only $90,000, then you are well under state and federal thresholds for estate tax. There are several other fees you may have to handle - probate fees, capital gains, income tax, all depending on the nature of the assets in the estate. Please consult a qualified... Read more »

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4 Answers | Asked in Real Estate Law for Maryland on
Q: My dad died without a will owning land with his siblings, his only sibling alive is selling it now who gets my dads part

My mom also passed he had bo will she did

Brian Robert Gormley
Brian Robert Gormley answered on Apr 7, 2020

It depends on how the land is titled. If there are say 3 people who own property, they can own it as either joint tenants with right of survivorship, or as tenants in common. If the former, the person last alive will own 100% of the property. If the latter, then we would need to open a probate... Read more »

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2 Answers | Asked in Probate for Maryland on
Q: My blood sister recently passed away intestate. Would I be able to assume her mortgage?

I live in Maryland so I know I would need to go through probate court. Our parents are deceased and she had no children. If granted by the judge would the lender just let me assume the mortgage or would the check my credit and make me refinance. I really want the house to stay in the family but I... Read more »

Brian Robert Gormley
Brian Robert Gormley answered on May 7, 2019

Actually, you would not need to assume the mortgage. There is a federal law called Garn St. Germain that allows you to retain the property as an inheritance without the lender accelerating the debt under its due on sale clause or performing any other underwriting. Obviously, each estate is fact... Read more »

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