Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2023

Most if not all of those years will have busted the applicable SOL. Hire a competent MD attorney to sue for conversion, breach of fiduciary duty and an accounting. Try to toll them as much as you can. The other beneficiaries are probably defendants also, which will put pressure on the trustees... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

In Maryland, the utilization of insurance proceeds from a totaled vehicle within an estate necessitates careful consideration of various factors. The appointed estate executor or administrator typically holds the authority to manage the estate's assets, including insurance payouts, adhering to... View More

Thanks for your post. One beneficiary/heir buying out the other(s) presents a fairly common scenario.

When an estate has enough other liquid assets, then to eliminate transfer taxes it often makes sense to distribute the real estate entirely to the child who wants to acquire it and... View More

No. Only what is written in the will, to the extent it is legal. Verbal wishes may be carried out in the discretion of the PR to the extent that the heirs are not harmed financially, or they do not object.

Generally speaking Maryland law does not give anyone the right to demand an inheritance going to anyone else, even their spouse. That said, depending on how planning documents are drafted and order of death, sometimes people do wind up with an inheritance intended to go their spouse.... View More

Hi and thanks for posting a real estate question.

The first variable is whether your father's wife is still living. This appears to be a life estate to your father's wife, with the life estate ending if the life tenant moves out or remarries.

You describe a position... View More

Have you checked with the executor to see if he has a copy of the Will, or any correspondence regarding being named executor? Do you or anyone you know have access to the shop where the Will supposedly was stored? Do you know who he named as beneficiaries under his will?

The purported... View More

Retain counsel. Petition for Order to Sell or, in the Alternative, Replace PR for Self-Dealing.

Unfortunately, this may be a situation in which you need to get an attorney. The truth is that getting an attorney is costly, but not getting one is even more costly. There are certain legal matters that can be handled without an attorney, but based on what you have said so far, this likely is not... View More

You have no control over what someone puts in their will. However, anyone can decline to accept appointment as an executor. Just because someone names you their executor does not mean that you have to accept it. If you refuse the honor, someone else may petition to be appointed or the court will... View More

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... View More

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... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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... View More

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.

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... View More

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... View More

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... View More

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.

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... View More