Los Angeles, CA asked in Probate and Estate Planning for Maryland

Q: My fiance' has a case in probate. She was raised by and lived with her father all her life .he died without a will.

Her uncle came and took all of his personal property vehicles etc.. she was distraught over the loss s he retained a lawyer to stop uncle from taking money Wich is 1.8 million dollars the lawyers told her they would release some monies to her because she has to live and pay bills and eat and now the lawyer informed her that the uncle has been coming down to their office and talking to them and suddenly the money is not coming they keep telling her they'll send her wire the money into her checking account yet they are doing nothing what can she do her father worked his whole life supporting his daughter not supporting his brother and that money belongs to her rightfully we need some advice this has been in probate for 2 years.

Related Topics:
2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: It surely sounds like your fiancé needs to talk to a lawyer who will review whatever documents her uncle has and the probate file. If she is the sole heir of an intestate estate, it is difficult to imagine why the $1.8M isn't in her hands after two years unless some conservatorship was involved. You may need to advance her retainer money to get this straightened out, but she needs a lawyer.

Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: I assume her father died in Maryland, as you asked this under Maryland law, although your geographic location is listed as California. She needs to immediately petition to open an estate and be appointed Personal Representative. She also needs a lawyer. Based on your facts, with no will, her uncle is entitled to no part of the estate. If she is the only child, she is entitled to all of it. What you describe is felony theft. If her uncle's lawyers are assisting in the theft, they may be liable as well. She needs to go to the State's Attorney's Office with this crime. I suggest first, however, that she meet with an attorney who can learn all the details and confirm the accuracy of your description of what is going on. If your fiancee is not mentally competent, then a guardian will need to take action on her behalf.

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.