The 2 siblings (parents of the beneficiaries) pre-deceased her. Her 3rd sibling is still living (her sister). She did not leave anything to her 3rd sibling (her sister) or her children.
The children of her living sister are threatening to contest the will. Can the nieces and nephews of... Read more »
answered on Mar 23, 2023
The children of the living sibling of the decedent do not have standing to contest the will because they would not receive any part of the estate even if they prevailed--only their mother would if the will were set aside.
If the living sibling granted a power of attorney naming someone... Read more »
answered on Mar 2, 2023
You need to discuss your situation with a lawyer. There are way too many unanswered questions. Is the home free & clear? Are there other heirs? Will the two heirs share it equally and get along in it? Do you want them to have the house or the proceeds from the house?
The short, and... Read more »
My wife and her son bought an additional rental property with the deed in their names. What are the tax considerations of leaving that property separate from the trust vs transferring the deed to the trust. Her son is the executor of the revocable trust.
answered on Mar 4, 2023
The tax considerations of leaving the rental property in your wife and her son's names versus transferring the deed to the revocable trust will depend on several factors, including the ownership percentage, rental income, and capital gains implications. Here are some general tax... Read more »
Maryland probate estate value is $10,000 or more.
Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... Read more »
answered on Feb 22, 2023
In a word, yes, even where a Will waives bond the Register can still require a nominal bond to cover anticipated inheritance tax and other court fees.
Wills almost always waive the bond requirement for monies going to people who may inherit. However the government doesn't... Read more »
I am a beneficiary of my mom's trust along with my siblings. My mom's estate is in Maryland. Am I entitled to know the value of each account, investment, stock, property (each asset that will be liquidated), and either the dollar amount or percent given to each beneficiary?
answered on Feb 5, 2023
You are entitled to a copy of the trust and an annual accounting of the transactions and investment experience of the assets of the trust.
Good Evening,
My mother who receives medicaid and SSI saved up assets due to the fact that she moved into subsidized housing which only charged her 200 a month for rent. She currently has about 10k saved up in her account which is over the asset limit and I'm trying to spend the money... Read more »
answered on Dec 25, 2022
You may find this article helpful, although it is a bit dated (2011) and laws change:
https://www.specialneedsalliance.org/the-voice/utilizing-the-spend-down-option-to-maintain-ssi-andor-medicaid-eligibility-2/
To clear the whole amount you might purchase a special bed for her, one... Read more »
If a person dies and names a beneficiary on a bank account that is different than what is in the Will, does the Will take precedence or do you have to take that person to court if they don't hand over those funds as it is laid out in the Will?
answered on Dec 8, 2022
The beneficiary designation on the bank account controls, regardless of what the will says. The will only controls assets in the estate. By definition, any asset such as a financial account that is governed by a contractual agreement between the decedent and the financial institution, that by its... Read more »
No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?
answered on Nov 18, 2022
If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... Read more »
Do I have rights upon my mothers death as a heir
answered on Nov 11, 2022
It would depend on the deed language. Two people (including a parent/child) can own property together with or without survivorship rights and the mere fact that the word "heirs" is in the deed doesn't tell the whole story.
Everyone has already appeared in Orphan's court and agreed to the administators. Bit now one person is refusing to sign the approval papers. Can the court make everyone proceed with probate?
answered on Nov 10, 2022
Your question says you are in DC, but it is posed as a Maryland question, and I am going to guess the estate is filed in PG County, because, even though it's called Orphan's Court formally, in Montgomery, the hearings are in the Circuit Court by the Circuit Court bench, so laypeople never... Read more »
Decedent was a Maryland resident and died testate. The surviving spouse elected to take the 50% elective share. The spouse had no interest in the decedent's real estate.
answered on Nov 10, 2022
If the property was an asset of the estate, then the elective share applies.
Montgomery county, only assets are in financial accounts. Valuable property was divided among children and charities before his death. He is to inherit money from his sister who died in 6 weeks prior to his death
answered on Oct 25, 2022
In Maryland, the way you get Letters of Administration is by filing a Petition for Probate. That opens an estate. If the assets are all in non-probate assets, they get listed separately in the Information Report.
I am a beneficiary, and I’m being told that I have to wait to receive any money until the account is closed. And that unless I sign over my rights to property to sell it that it cannot be closed. If I sign over my rights to the property they will close the estate and then said I would get any... Read more »
answered on Oct 20, 2022
If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own... Read more »
My moms well stated that my dad is to be her agent but if not that my sister myself or my brother Can be. My brother past away and I wasn’t included in the “PR”. Only my sister was. She has donated some of my mom’s vehicles paid off her truck and is in charge of all the accounts. I wanted... Read more »
answered on Oct 20, 2022
You need to have a lawyer review the will, the inventory and the accountings filed in the estate, before any useful advice can be provided. The estate may not have the funds to maintain the house (mainenance, utilities, property taxes, homeowner's insurance, mortgage, etc.) for five years, so... Read more »
The life insurance policy was outdated and my father who passed away was the named beneficiary. It went into my mother’s estate. All creditors and debts have been paid and the only thing pending is selling the house.Can the money be distributed before selling the house?
answered on Oct 20, 2022
Partial early distributions are permitted, but not required, so long as the estate is otherwise solvent an can pay all administrative expenses, fees and debts of the estate. An heir, however, is not entitled to an early distribution, and there is no basis to compel the PR to make an early partial... Read more »
Nothing is in writing. We just want to know if the executor is telling the truth based on what the wheel says they won’t show us the will. Do we have a next step.
answered on Oct 14, 2022
His oral promises before death are not sufficient. The bequest needs to be spelled out in the Will. The Will must be filed in the probate estate when the estate petition is filed. Until the estate is opened and the executor receives Letters of Administration from the court, the executor has no... Read more »
home without transferring the loan?
answered on Oct 1, 2022
Yes, the property can be deeded through the estate to the minor children, and the lender on the mortgage may not accelerate the loan or declare the loan balance due, but must accept continuing mortgage payments made on their behalf; however, the mortage lien remains on the property, so nonpayment... Read more »
answered on Sep 21, 2022
Anyone not named in a Will gets nothing if your will specifically names those whom you want to receive your estate. The only exception is the statutory right of a surviving spouse (married at time of death) to elect one-third of your estate regardless of what your will says. If you are concerned... Read more »
He is a very ruthless attorney but presents well. He has been unresponsive to her care team and myself for replacement hearing aid at one point (which I had to fight for), he is not authorizing additional care for a fractured elbow and has instead suggested things like giving her sleeping pills,... Read more »
answered on Sep 8, 2022
Why is there a trust? Who created the trust? How was the trustee appointed? Is this a court appointed guardian as opposed to a private trustee? What is your evidence supporting your claims that the attorney and his family have taken funds for their personal use? (If this is true that is a crime--a... Read more »
My dad's in his late 80's in NY. If he needs medicaid to pay his care, can my disability (I'm on SSDI), age 60 in MD) be used to pass his savings to me, so our family can keep it? Is it just an exemption for a house or for other assets too?
Where can I find the gov'ts... Read more »
answered on Aug 25, 2022
Your father would need to seek out an elder care lawyer to map out a strategy to protect his assets from counting towards Medicaid eligibility. Your disability is irrelevant and will not shelter his assets. He would need to get his assets out of his name five years before applying for Medicaid if... Read more »
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