Fairfax, VA asked in Criminal Law and Estate Planning for Maryland

Q: When does the beneficiary receive a copy of the Will?

Executor is one of the 3 benificary. 2 siblings have seen the Will only telling the third that the house is listed to be divided equally. 3rd has not seen the Will. Has asked for a copy & is ignored. The individual passed away 12/14/2019. What happens when a house is involved in an inheritance of 3 siblings?

Related Topics:
2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: After the probate case is opened to probate the will, the will becomes a public document. You can go to the court yourself and obtain a copy or send a paralegal or even a friend to obtain a copy for you.

Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Estate Planning Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: As another attorney noted, a Will is a matter of public record once an estate is opened. Additionally, once an estate is opened notice is specifically sent to all interested persons in the estate. The law does not set an exact time to open an estate after someone dies, but a personal representative has an obligation to open the estate reasonably promptly. It is not uncommon for this to take several weeks or more after the decedent dies as the immediate time may be consumed with funeral arrangements and such. If for whatever reason the Personal Representative named in the Will refuses to open the estate after a reasonable period of time, any of the interested persons can petition to be appointed instead.

To the question "what happens when a house is involved in an inheritance of 3 siblings," it depends on the circumstances. In many cases a house will be marketed and sold, with proceeds first going to pay estate obligations, then the balance distributed among the beneficiaries. In some cases the property is distributed "in kind" and deeded to the beneficiaries. In other cases, one or more of the beneficiaries will buy out the others.

Note that even if a house sells immediately an estate will typically wait a minimum of 6 months before making a distribution because creditors have a time frame of up to 6 months to assert claims against the estate.

While not legal advice, I hope the above helps.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.