Q: My aunt passed away last fall and her lawyer has not released her will and is pretty much unavailable to talk.
I believe the lawyer has broken Md. Code, Estates and Trusts § 4-202 by willfully hiding the will and not exercising it in a timely manner. I am not referring to closing the estate: the will has not been released yet and it has been over half a year.
A: The person appointed as personal representative or executor under the Will needs to make written demand to the lawyer to either file the Will with the Register of Wills or turn it over to the Personal Representative do they can file it. Give a reasonable deadline, after which the Personal Representative can file a petition to open the estate and for issuance of a limited order to compel production of the Will.
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