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Maryland Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Maryland on
Q: Can the PR of my mothers estate allow someone I object to to move in and collect rent?

My sister is the PR of the estate, I have a friend who is interested in renting out a room but my sister only wants my brother to rent it, I don’t feel comfortable with that Decision as I’m living in the house and he has anger and alcoholic issues and I’m concerned about my well-being can she... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Libel & Slander and Probate for Maryland on
Q: I inherited a house that I lived in with my mom for 30 years it’s not been transferred to myself and sister yet

She is the executioner of the will but she has been stealing valuables from the house so I added security cameras and she is making false claims she didn’t go through my personal possessions can I have her removed as the executive of the will? She inherited the house in a 50/50 split? Until it... Read more »

Shaneka Johnson
Shaneka Johnson answered on Jan 13, 2022

The personal representative of a estate is give certain authorities in the will. It is common for the PR to have authority to enter into contract and collect rents on property in the estate for the benefit of the estate. If you are not on the deed and are not the PR your rights have not fully... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Maryland on
Q: I inherited the house I’ve been living in with my mom in a 50/50 undivided split

Can I rent a room out without my sisters approval who owns the other 50% it hasn’t been transferred into both our names yet as my mom just recently passed away. Can she say no even when I will split the income with her?

Shaneka Johnson
Shaneka Johnson answered on Jan 10, 2022

Who is the personal representative of your mother's estate?

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: Sister & I inherited real property in MD 50/50. Can I relinquish my 50% to sister w/out filing a deed?

My sister is executor. Currently in probate with Will. I want to relinquish any/all right in favor of sister (in gratitude for mother's care, and I want avoid any responsibility for this property). What is required: Deed to be recorded; gift my 50% to her (OUCH gift tax); notarized... Read more »

Mark Oakley
Mark Oakley answered on Jan 3, 2022

Heirs to an estate can, by mutual agreement, settle property distributions under the Will, even if the settlement changes what each heir is supposed to receive under the Will. A lawyer can help you work this out. It is not difficult.

1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on
Q: When referring to squatters, does the term “exclusive” refer to one person or a family as well?

For a squatter to possess property, it is required that they fulfill the requirements: Hostile, Actual, Open & Notorious, Exclusive, Continuous

The exclusive part is vague as it does not determine whether it is for exclusively one person or one party. Does this mean one family... Read more »

Mark Oakley
Mark Oakley answered on Dec 1, 2021

"Exclusive" in this context means exclusive of the owner's and other third parties' (unrelated to the squatter) possession or occupation, without permission of the owner (the owner is not in possession, and has not permitted or agreed to the presence of the squatters). The time... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Aunt died Oct 2019. Will was not flied until 03/2020. Her condo still unsold with monthly condo fees + property tax etc.

is executor in any way responsible for all the fees being drained from estate assets during this period? PR was offered, but declined help in clearing out the condo + help w/accounting. 1st Account deadline came & went, 6 months later, the court issued a "reason PR should not be... Read more »

Mark Oakley
Mark Oakley answered on Nov 5, 2021

Course of action: petition to remove PR and appoint someone else (yourself?) and to possibly sue the PR for waste and mismanagement to recover the money you claim was lost. Hiring a lawyer to file and pursue these things will cost you money, and although you might claim reimbursement from the... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Married, resident of SC, but husband owns home in MD. my name is not on the deed....we haven't done our wills yet...

What needs to be done to protect me (concerning the home in MD) if something happens to him before we do our wills?

Mark Oakley
Mark Oakley answered on Nov 1, 2021

The laws in the State of South Carolina where you reside will govern your spousal rights to the estate of your deceased spouse, even as to property located in Maryland. If he dies without a will, the MD property will be distributed in accordance with the intestate laws of SC, and in most states, a... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: On a trust with a ridiculous age of 35. Plus the fact that the trustee refuses to let beneficiaries know information.

The trustee has not fulfilled request to know where and who is second trustee in event of death of trustee. Is there a way to get special hearing to request information or early dispersement? Especially since the value of the assets were ridiculous and the out of state property was never included... Read more »

Mark Oakley
Mark Oakley answered on Oct 10, 2021

It is not uncommon for a grantor of a trust to make the age of distribution 35 years of age. They may be concerned about the reckless and inexperienced money management of youth or of particular beneficiaries, and want to ensure that their wealth transfer to their beneficiaries will be made after... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: What type of legal representation is needed for an inheritance buyout dispute where the home is in MD and I am in GA?

My siblings and I were willed a house. One sibling wants to keep the house and has made a buyout offer. I don't believe the buyout offer is equitable. I am seeking expertise with interpreting the appraisal to obtain a fair buyout offer. I have no idea what type of legal representation I need... Read more »

Mark Oakley
Mark Oakley answered on Oct 5, 2021

It’s been a pretty hot market this past year around here, so you’re going to want to get a fair appraisal done to at least know what the house is likely able to sell for. I think what you’re saying is that the house was already deeded by the estate to the three of you, so now you all own 1/3.... Read more »

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1 Answer | Asked in Estate Planning and Family Law for Maryland on
Q: ex died with no will.He had a trust written in 2012 with only the 3 oldest named.there’s a total of 6 children

My ex had 3 kids with diseased wife, then 3 more with 2 other Woman. All carry his last name. His trust says:

any reference

to Grantor's "child" or "children" shall refer only to these

named persons. ** (Names 1st 3 kids)**

Any reference... Read more »

Mark Oakley
Mark Oakley answered on Oct 1, 2021

The first question I’d want answered is, what is in the name of the trust? If he owned anything in his personal name, then those assets do not pass in accordance with his trust, but by intestate succession, so that would mean divide six ways. Only those assets titled in the name of the trust are... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: what is the next step after i have been awarder the administrator of my Mom's Estate by the courts

have sent out the letter of interested parties. have created a bank account in my Moms name / estae of to depost 2 checks made out to her estate.

Mark Oakley
Mark Oakley answered on Sep 30, 2021

Managing a decedent's estate is not like following a recipe to bake a cake. If you are not going to hire an estate lawyer, then you need to download and read all the brochures on estate administration available on the Register of Wills website, as well as make appointments with the ROW to... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: Do you need an appraiser if the only thing in the estate is a bank account with US dollars?
Mark Oakley
Mark Oakley answered on Sep 16, 2021

No. The bank balance is the dollar value, obviously. An appraisal is for real estate or valuable items of personal property such as cars, boats, high end jewelry, expensive artwork, etc.

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1 Answer | Asked in Estate Planning for Maryland on
Q: Which court in A. A. County , Maryland handles reassignment of a deceased Trustee for a Non Grantor, Irrevocable Trust?

As Principal Beneficiary and the person who established the Trust, I need to assign a new Trustee. The original Trustee passed away a couple of years ago ( I have the death certificate) and I am unable to aquire any reports regarding the financial status of my trust from the financial institution.... Read more »

Mark Oakley
Mark Oakley answered on Sep 15, 2021

A lawyer would need to review the successor trustee and appointment provisions of the trust to properly advise you. You should not need a court proceeding at all. The "any interested person" default language is likely there in the event the person identified as having the power to... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: For the inventory, is a formal appraisal required for motorcycles?

side note: KelleyBlue Book does not provide private party values for motorcycles.

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Use Kelly Blue Book, www.kbb.com, private sale value.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Q: I have received the letters of administration for an estate. The will authorizes me to sell real property.

How long do I have to wait after being appointed as PR to sell real property? Do I need to file anything with the court or notify interested persons of the sale? In addition, decedent also owns a mobile home. Am I required to get a formal appraisal for the mobile home?

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 9, 2021

There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: What are the advantages of putting my home in a trust costing $3500. or a joint tenancy. We are leaving =ly to 3 sons.
Nina Whitehurst
Nina Whitehurst answered on Sep 2, 2021

Everything my colleague Ms. Laumann recited about the advantages of trusts is correct. I would also add that trusts avoid probate, which is a time-consuming, frustrating, public and expensive court-administered process. For some clients, that is the MAIN reason for creating a trust-centered... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: I hired a lawyer to handle my suster's estate 02/03/2020. Minimal assets : car,house to be foreclosed.

I was instructed to send register of wills $400.00for first accounting. Then the lawyer charged me $400.00. I am now paying out of pocket $3506.64This was 2 weeks ago. I told the lawyer that I no Longer need her services. 1 day later she tells me she has to petition the court.

Nina Whitehurst
Nina Whitehurst answered on Aug 25, 2021

Because you told the lawyer you no longer need her services, she probably now needs to petition the court to permit her to withdraw from the case.

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: If the rightful heirs to my deceased girlfriend's estate (intestate) agree

to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?

Richard Sternberg
Richard Sternberg answered on Aug 11, 2021

The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since... Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: My long term girlfriend recently passed without a will.

We were living in a home titled in her sole name with no mortgage. The only living heirs are her siblings and they have agreed to assign all rights in the estate to me. What is the process to do this? What are the potential tax implications?

Mark Oakley
Mark Oakley answered on Aug 11, 2021

You are not an heir at law, so the siblings cannot simply disclaim their interests because disclaimers are treated as if they had predeceased your girlfriend, and that would not result in the estate assets going to you. However, if you had a legal claim against the estate based on contributions... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Hi. For three years I moved into my mom's house and took care of her. Wondering what my rights are as one of four.

I have no expectations as one of the four children that I have sole right to the property and estate. What I am wondering is, because I am very low income, part of which is due to health issues, how much notice do I have a right to receive before they try and sell the house. For what we're... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2021

Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or... Read more »

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