Any monies payable to a deceased person typically run through their estate. Whenever money is disbursed from an estate, it should go to the lawful heirs of the person who died, meaning the people identified in the will of the person who died (or if there is no will, to the heirs under intestate... View More

You can petition the court to get access to your belongings as well as to remove your brother as Personal Representative if you can prove he has failed to carry out his duties.

There are two choices. First, provided the co-owner has a divisible interest, such a tenancy in common, they can sell what they own. That is often valueless, since nobody will want to buy the right to share the home with the other owner.

Second, if the property is indivisible, such as a... View More

The Orphan's Court is likely to require you to obtain a proper appraisal so that your brother is properly compensated. But, do you really want to take title in the names of four of five brothers? Do you all live there? Wouldn't it be better to sell it and divide the proceeds so you can... View More

To transfer any title, an estate must be opened. However, if the only asset is an automobile worth less than $50,000 it is likely that it would qualify as a "small estate" which offers an easier, streamlined procedure with less paperwork.

Two witnesses.

A lot of facts missing, as well as conflicting facts in your question. First, you say, "My aunt passed almost 20 yrs ago she own the home," and then you say "my aunt didn't own the property sets on"--so, which is it? Are you saying the original seller never recorded the... View More

Assuming you are using a properly licensed and insured general contractor, start with the contract your chosen contractor provides. There are many, many of them, so don't believe any nonsense about form. Then, hire a lawyer to review the agreement before you sign anything or commit to that... View More

First, upon your divorce from your ex-husband, you lost all interest in your husband’s estate and cannot refinance a property that does not belong to you or transfer to yourself an interest in the house. Second, if he was married when he died, his widow has a 50% interest in all assets in his... View More

If your father was mentally competent when he drafted and signed his will, then his will is valid and will be upheld. if he was not competent, or you can prove this female companion exercised "undue influence" and coerced in some way the terms of the will that were favorable to her,... View More

While the home at the time of your second marriage is deemed premarital, if you continued to pay the mortgage after your marriage or spent money to maintain or improve the home (like an updated kitchen, new roof, etc.) then a portion of the house may be deemed marital property. A court in a divorce... View More

Most lawyers charge by the hour and require an advance retainer of funds to bill against, holding the money in their trust account until earned. Litigation can be expensive, but if your petition is successful the legal fees could then be paid out of estate assets it they are sufficient. You might... View More

Yes, a trustee must provide a copy of the trust if requested by a beneficiary of the trust. In addition, the trustee must provide annually upon request “a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the compensation of the trustee, a... View More

Yes, it applies, but only upon a new trustee taking over trusteeship after January 1, 2015. Existing trustees in place before January 1, 2015 would not need to send out the notice. If the trust changed from revocable to irrevocable (typically upon the death of the last settler of the trust) after... View More

The context of the question isn't clear. "Next of kin" typically describes the next closest living relative of someone, usually without regard to their age. Maryland does not really confer any special rights on someone by being the "next of kin." A person is generally... View More

No. Upon husband’s death, the wife became sole owner of the property regardless of the deed not being changed. Upon wife’s death, the house passes in accordance with her will or, if no will, to her heirs at law, which would not include her late husband’s children.

Pets are considered property. They would belong by to the estate, as property of the decedent. The Personal Representative of the estate has the legal authority to take legal action to recover property belonging to the estate. If the PR refuses, an interested person can file a petition in the... View More

Yes, it is legal for spouses to plan independently of each other although not typical. It is highly preferred that spouses keep each other appraised of their plans.

The law does offer some protection in that a spouse cannot be entirely disinherited - at least 1/3 of a person's probate... View More

If you already have an attorney for the estate, ask that attorney. We are not supposed to interfere or communicate with a represented client. But, it is really quite easy. Just ask.

If you are the claimant, not the PR, and the PR refuses to pay the loan, you need to file a timely claim.... View More

There are several ways people can own property jointly in this state and an attorney cannot answer the question of who might have an interest in the property without knowing which way the deed was titled. If a married couple owns as tenants by the entirety by operation of law the surviving spouse... View More