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District of Columbia Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for District of Columbia on
Q: If I went and filled a will with the courts and was appointed executor would any new wills have to be contested

I filed my father’s will and was appointed executor by the courts but a few days after I did this someone else has presented a new will. Would they have to contest mine since the court already filed it or would theirs automatically be valid since it was more recent? And would they automatically... View More

Mark Oakley
Mark Oakley
answered on Apr 19, 2024

The Register of Wills will automatically convert the proceedings to Judicial Probate, and schedule a hearing to determine which Will is valid. You will likely be converted from a PR to a Special Administrator, which limits what you can do, pending determination by the court as to which will is the... View More

1 Answer | Asked in Estate Planning for District of Columbia on
Q: If you are the power of attorney for a family member and they pass away what should I do next in the Washington Dc area

In the state of Maryland they have a Will office in District Court but I can't find an office like that in Washington Dc

Mark Oakley
Mark Oakley
answered on Mar 16, 2021

Upon death, the power of attorney terminates and there is no authority to act on behalf of the decedent's assets. Only the Personal Representative of the Estate can act and access the estate assets, and then only for the purpose of administering the estate and distributing the assets to the... View More

1 Answer | Asked in Estate Planning and Probate for District of Columbia on
Q: My Aunt passed away 4 years ago in Washington D.C. She was not married, nor did she have children.

My Aunt passed away 4 years ago in Washington D.C. She was not married, nor did she have children. Her Estate has not been probated because she did not have a Will. She does have several bank accounts with a large amount of money. All other family is out of state, and we realize the complications... View More

Mark Oakley
Mark Oakley
answered on Feb 3, 2020

No. Some family member or other interested party must petition to open an estate and be appointed Personal Representative, and all other heirs at law notified of the proceedings. The petitioner need not be a DC resident, but could retain local counsel to act as agent and guide them through the... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for District of Columbia on
Q: Can I take my aunt to court for a equal share of the sale of the house and bank accounts?

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Mark Oakley
Mark Oakley
answered on Feb 13, 2018

Not enough facts to answer this question. What gives you the right to claim an interest in "the sale of the house and bank accounts"? Were you named in a will by the deceased owner of these assets as an heir or legatee? Is your name on the title to these assets? If so, you will need... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for District of Columbia on
Q: Only child/Executor of parents' estate. Aunt offers to pay for an executor atty for my mom. How do I get her to cease

I am an adult only child and through recent estate planning have been named Executor to my parents' estate. My parents are elderly and vulnerable. My father has Alzheimer's disease. My 80-year old aunt has invited herself to visit to take care of my mother during her recovery from surgery... View More

Richard Sternberg
Richard Sternberg
answered on Oct 28, 2017

If you are the sole beneficiary in the Will, you might be able to handle it, but a legal consult can’t hurt. Sometimes, having a lawyer as PR is a wise choice, and lawyers can’t charge twice for their roles as PR and counsel. But, if you are worried about undue influence from your Aunt, it... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for District of Columbia on
Q: Can the renters of the place I am buying get my agents license revoked because I (the buyer ) contacted them?

I am buying a place in DC. The renters have already signed their topa rights away. However i need them to sign the notice to vacate so my bank can move forward. They are supposed to be out the 30th of june. 2 days from now and have agreed. I also went to back to the place to show my GF and the... View More

Richard Sternberg
Richard Sternberg
answered on Jun 28, 2017

No. You talking to a tenant is not grounds for revocation of your realtor's license. But, it does sound like you need a lawyer in your corner to make things go smoother.

1 Answer | Asked in Estate Planning and Probate for District of Columbia on
Q: My dad was a resident of NC; however, he died testate in DC. I am trying to obtain his car title, I've paid the lien
Richard Sternberg
Richard Sternberg
answered on Jun 21, 2017

I don't understand your question, but I can tell you that paying the lien may give you a claim against the estate, but it doesn't give you title to the car. Title to the car will follow the terms of the Will unless other plans were made by your father before he passed. You might ask to... View More

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