When someone dies without a will, their property passes through the laws of intestate succession. In short, YES, an adult child MAY inherit, though it will depend on what is in the probate estate and how assets are titled. If someone dies owning property in their own name (without a spouse or... View More

The estate assets must be split in accordance with the Will, or if there is no Will, in accordance with the laws of intestate succession. Since the disbursal must be in accordance with the will/law, one heir cannot take all the funds to the exclusion of other persons entitled to the estate. To... View More

If someone is breaching their fiduciary duties as Trustee you are highly encouraged to consult with a Maryland lawyer well-versed in such matters. Adam Spence, a lawyer in Towson, MD of the firm Spence & Brierley, PC is one such lawyer skilled with such cases. Naturally you should contact... View More

Generally the contents of a will are private and need not be disclosed until after someone dies.

If the deceased had a Will, then generally the Will controls who inherits. If the Will generally says something like "I leave... to my children" or if the deceased died without a Will, then Maryland law sets forth the guidelines for who is a "child" for purposes of... View More

A well-drafted will should name a back-up if the first named Personal Representative cannot carry out their duties. If the will identifies no back up an interested person can petition the court to fill the vacant role.

The city (or county) does not change title, so unless the family opened up an estate the title would remain in the deceased person's name.

Anybody can redeem the property before the tax sale foreclosure case awards judgment to the tax sale purchaser. As you point out, however,... View More

If the person who died owed money, it will be an estate debt whether secured or unsecured. A secured creditors has rights that extend to the collateral regardless of whether they file a claim in the estate.

Many parents with a special needs child will create a special needs trust to ensure that funds are available without jeopardizing health care or other benefits. Some will set up life insurance to provide funds but care must be taken when a child requires governmental benefits to avoid... View More

If the house was indeed *deeded* to them during the estate administration, there is nothing else to do. To be sure of that, you can run a title search to see if they are "in title." If the transfer was as a matter of law in an intestate estate, I urge you to pay a lawyer to complete the... View More

Yes, but every time I've seen this done by a lay person using some Internet form, they've done it incorrectly, and I quietly hope to get one of the sides of the eventual litigation. It is important to distinguish between beneficiaries and contingent beneficiaries, as well as between per... View More

Sue her and/or the bank.

You've left out important facts, like whether there is a Will; who all the heirs or beneficiaries are; whether they agree that you should be the sole beneficiary; the value of your father's house after payment of expenses and mortgages; and whether you could buy something else with your... View More

It is unclear what type of assets you reference. If someone dies owning real estate titled in their name in MD, then typically an ancillary estate must be opened in MD to dispose of the real estate. However, there are other ways to pass property and you are strongly encouraged to consult with... View More

Without seeing the will it is impossible to answer this. Does the will REQUIRE the sale of the assets? Are you listed as an alternate personal representative? What other assets are there to pay the bills?

You need to seek local legal representation to review the documents and the facts and... View More

The Bad Answer: Assuming the deed is a marital deed between your mom and stepdad, once your stepdad died the property was solely hers. If she dies without a will, then the property passes down to her heirs. This can be just you, or both you and your stepsibling if she adopted the stepchild.... View More

A health care power of attorney specifies when it comes into effect. While customarily people retain full power to make decisions until they lack the ability to do so, an advance directive and durable health care power of attorney can kick into effect whenever the planner dictates.

Get a second opinion. You also might contact a tax resolution law firm. Especially if the amounts are large.

There are several different ways to include someone on a deed. Some of these ways are smart, with little risk to the original owner while others can create issues and unintended negative effects.

One of the least risky and most cost effective deeds is an enhanced life estate deed. Most... View More

That will depend on the terms of the particular trust instrument. If someone is asking to name you as Trustee you may wish to ask what the trust requires of the Trustees.