You need to probate the will in California then open a “foreign” probate in Maryland. The personal representative in Maryland will be empowered to transfer title in accordance with the Will.

The question is posted in Maryland but mentions a Pennsylvania location. I'll presume that the estate is in Maryland.

In this state, the law lists people with priority to serve as Personal Representative. If there is no Will, close relatives (spouse, then children, etc.) have... View More

In most cases it would be a conflict of interest for an attorney to sue a party they represented.

The law offers some limited exceptions allowing representation if the attorney is not on both sides of the fence in the same case, believes it would not pose a problem and all parties consent... View More

Regardless of who administers the estate (whether a relative or other appointed Personal Representative), the Personal Representative must disburse assets as per the law. This means that after paying expenses and any claims, anything left in the estate must go to the people named in the Will (or... View More

If the substitute is naked in the PoA and the document allows it, you are already done. If not, simply re-execute the document while the grantor is competent. If it is more complicated than that, you need to consult with a lawyer. Of course, there is no law requiring others to accept the PoA, so,... View More

Talk to your attorney. As administrator or executor, you have certain duties to fulfill before any monies may be "taken"

A Power of Attorney (POA) automatically terminates upon the Principal's death and the Agent has no authority over any assets at that point. Instead, an estate must be opened and the appointed Personal Representative will have authority to deal with any assets titled in the deceased... View More

This isn’t even close to the information a lawyer needs to appeal a case. If you are lucky, this is a de novo appeal from a district court decision. Regardless, there is no way around it: you need to pay for legal services, and you might want to start with a consult to determine whether you’ll... View More

Typically if a new asset is discovered / new money comes in the estate needs to be reopened. In some situations an estate that qualifies for a small estate might not require full reporting.

In either case, funds payable to the estate or the deceased can only go into an estate account and... View More

Any competent person can name an Agent in a power of attorney. If I understand the post correctly, it asks whether an Agent making their own power of attorney invalidates the authority they have under someone else's power of attorney? If so, the two are unrelated. Most of the time a... View More

That would depend on how the home is currently titled.

Hi,

Yes, it is entirely possible to buy out a co-owner on inherited property. There are two ways to do this:

1) if there is enough other property in the probate estate it might be possible to have real estate disbursed solely to one heir and other assets disbursed to the remaining... View More

You may wish to seek legal assistance from an attorney who regularly handles estate litigation. A Personal Representative generally has discretion to make decisions about estate property but if they breach their fiduciary duties an interested person might file a petition in the Register of Wills /... View More

With a Will, the personal representative has an obligation to promptly open the estate. Without a Will, the family should open an estate as soon as reasonably possible but there is no strict time frame in terms of days. Although not best practice, one may open an estate even after significant... View More

Whenever someone petitions to open an estate in Maryland they must post bond to cover the amount of the estate as well as the probate court taxes/fees unless it is waived by Will or by the interested persons.

Where the bond is waived by the Will, the Personal Representative only needs to... View More

Capital gain is calculated and paid when a home is sold for profit, not when it is transferred without consideration. To figure out your potential capital gains liability you would need to talk to an accountant or tax professional and know the basis in the property and the anticipated future sale... View More

CAN you? Sure! SHOULD you? Well that is a whole different question!

Let me reshape that question. CAN you amputate your foot? Absolutely, but unless you are alone trapped in a rockslide and the only way out to get help before you die of exposure is to cut your foot off, it is probably a... View More

It isn't clear who the "she" who said "no" is in the question. Nor is it clear what interest is in the grandparent's estate.

Grandchildren do not automatically inherit unless they are named in the deceased grandparent's will (or sometimes if there is no... View More

Generally speaking a PR has no "right" to occupy estate property unless the Will grants such rights. Unless the PR stands to inherit the property, or all the heirs agree, the PR should typically pay reasonable rent to the estate based on fair market rates. That being said, if the PR... View More

It sounds like the bank is suggesting your sister needs to REOPEN the estate (with the courts) and then handle the check.

There MIGHT be a simpler process depending on the size of the check etc, so I'd recommend consulting with a local attorney (the one who helped with the probate the... View More