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

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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

If the property was an asset of the estate, then the elective share applies.

In Maryland, the way you get Letters of Administration is by filing a Petition for Probate. That opens an estate. If the assets are all in non-probate assets, they get listed separately in the Information Report.

If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own... View More

You need to have a lawyer review the will, the inventory and the accountings filed in the estate, before any useful advice can be provided. The estate may not have the funds to maintain the house (mainenance, utilities, property taxes, homeowner's insurance, mortgage, etc.) for five years, so... View More

Partial early distributions are permitted, but not required, so long as the estate is otherwise solvent an can pay all administrative expenses, fees and debts of the estate. An heir, however, is not entitled to an early distribution, and there is no basis to compel the PR to make an early partial... View More

His oral promises before death are not sufficient. The bequest needs to be spelled out in the Will. The Will must be filed in the probate estate when the estate petition is filed. Until the estate is opened and the executor receives Letters of Administration from the court, the executor has no... View More