The first question any business attorney will likely ask is: what are you looking to accomplish? A business trust is an old but relatively unusual way to conduct business, except perhaps in the case of real estate held in a grantor's revocable living trust. The question doesn't give... View More

To find real estate in Maryland, one typically searches land records, not probate records. Probate searches will show what probate estates have been opened.

There is no way to search for what is in a particular estate (whether real estate or otherwise) without going into each... View More

While it is best to have a lawyer look over the Will, if any, and examine the situation, as a general matter, if all of the potential beneficiaries agree, there is nobody available to complain. If you have available assets and wish to pay off the mortgage so you can change the title, I'm not... View More

A minor typo might be overlooked when all other indicators point to a known person but a name "not in [the] family at all" most likely will need a court order to rule that the benefits go to the person believed to be the intended beneficiary.

While not legal advice, I hope this... View More

The estate of the recently deceased brother receives his share. So, the heirs or legatees of the recently deceased brother will get his inheritance.

If there is little or no equity in estate owned property and the lender is willing to accept a deed-in-lieu of foreclosure, then yes, a Personal Representative has authority to sign such a deed. Whether or not a deed in lieu can be done depends on the willingness of a lender.

Note that if... View More

So long as you are not married at the time of death, yes, your two children split equally your estate assets. However, the probate process is simpler with a will. In addition, you need to review how your assets are titled and whether you have named beneficiaries (pay on death or otherwise) on any... View More

Signing as debtors makes them obligated on the loan. The rest of your question is confusing, because I think you are confused as to terms and concepts. If the property is owned solely by your uncle, which it would be if the property was titled as joint tenants with right of survivorship with your... View More

A properly signed and witnessed will is all you need. Maryland does not require witnesses to appear to verify the will. The only time witnesses might be needed is if someone challenged the will, but the burden is on the challenger to prove the will maker was mentally incompetent or subjected to... View More

You’ll need to take the will and trust language to a lawyer to review. If your mother was granted a life estate in the house, then she can live there and have a live-in boyfriend. If something less than a life estate, it will depend on the language, but generally if there’s no prohibition then... View More

You take it to the Register of Wills Office in the circuit court of the county where the person resided at the time of death. Generally, an estate is opened and any assets will be distributed in accordance with the will, by the personal representative/executor appointed under the will. The PR... View More

You should retain counsel to file a probate petition. Filing the Will is merely a first step. And, yes, I’m the meantime, she might be committing all sorts of frauds.

It is determined by statute, by intestate succession. Natural born children of the deceased inherit first, in equal shares, or if none, parents, then siblings of the deceased, etc. The complete order is set forth by the statute. Someone in the family must open an estate and petition to be appointed... View More

Unfortunately, it is impossible to provide an answer without more details and facts. Consult with a lawyer who can review the will, the dates of death of the maker of the will and the beneficiary, and the beneficiary’s will, if any.

Generally an estate must be opened for the person who died. The Personal Representative is the person appointed by the court with power to deal with any estate issues, including collecting any payment due to the person who died. The Personal Representative must also disburse in proper order... View More

If no will, then wife gets first $15,000 and then splits remaining assets 50% to surviving spouse and 50% to surviving children. Don’t know what you mean by “leftover benefits”, but if referring to pension or retirement assets you need to reviewany beneficiary designations on file with the... View More

If everything was planned perfectly, so that you don’t need to file a probate, there might be no need for counsel. Even if there are small omissions, the surviving spouse might do just fine handling the estate pro se. If they need to evaluate the work to be done, a simple one -hour consult with... View More

It is unclear why a Will would read "cancelled upon death." If all of the assets were owned by a Trust, then the Trust terms will dictate how long it takes to disburse the assets. Some trusts are written to disburse over a long period of time while others disburse immediately after the... View More

I assume C is the natural child of GF and not adopted by GM; that GF predeceased GM; that the title is not an older formulation like et ux, so a title abstract supports that title was wholly in GM; that GM died intestate; and that A post-deceased GM also intestate. C is not a child of GM so is not... View More

A probate estate is a matter of public record, so the first place to start would be taking a look at the estate filings.

Keep in mind that some property might pass to family outside of the estate and the law does not require that people give away property equally in their Will or for... View More