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

Yes, the property can be deeded through the estate to the minor children, and the lender on the mortgage may not accelerate the loan or declare the loan balance due, but must accept continuing mortgage payments made on their behalf; however, the mortage lien remains on the property, so nonpayment... View More

Anyone not named in a Will gets nothing if your will specifically names those whom you want to receive your estate. The only exception is the statutory right of a surviving spouse (married at time of death) to elect one-third of your estate regardless of what your will says. If you are concerned... View More

Why is there a trust? Who created the trust? How was the trustee appointed? Is this a court appointed guardian as opposed to a private trustee? What is your evidence supporting your claims that the attorney and his family have taken funds for their personal use? (If this is true that is a crime--a... View More

Your father would need to seek out an elder care lawyer to map out a strategy to protect his assets from counting towards Medicaid eligibility. Your disability is irrelevant and will not shelter his assets. He would need to get his assets out of his name five years before applying for Medicaid if... View More

Private burial plots on an owner's land is only permitted if the county code for the local jurisdiction allows it; otherwise, it is prohbited by state statute, which requires that bodies be buried in a licensed cemetery. This is a health code issue, as well as a land use issue to protect... View More

If I am understanding your scenario, the executor of the estate intends to purchase real property owned by the estate, and the cash from that sale will then replace the real property in the estate for purposes of distribution to the heirs. There are conflict of interest issues here since the... View More

A POA is a legal instrument that appoints another person to act as the "attorney-in-fact" or agent of the person creating the POA (the "principal"), who can do things in the name of the principal as if they were the principal, to the extent set forth in the POA. The POA is only... View More

A beneficiary of a trust has the right to obtain a copy of the trust and receive an accounting of the assets, to include investment performance of the assets and transactions in and out of the trust. Your starting point should be a written demand on the trustee for both of these things. Upon... View More

A property can be foreclosed upon. The personal representative of the estate can sell the property. You need to provide more details and context as to how and why the property is up for auction.

You need to consult a Puerto Rican lawyer of title agent. While the notarial seal of another US jurisdiction is likely to be honored, the jurisdiction where the land lies will have transfer rules, filing requirements, and tax protocols to follow.

If the trust is the seller of the property, the sale proceeds need to be paid to the trust, not the personal account of an individual trustee. The trust then can distribute the agreed buyout amount to whomever is supposed to receive it. You will need a lawyer to look at the trust instrument and... View More

Most revocable trusts name the creator of the trust, known as the grantor, as trustee. Once the grantor has died, the trust typically becomes irrevocable. The trust should provide for successor trustees. It is unclear what the nature of the trust is, if there are beneficiaries who are minors or... View More

If the PR sells the property, the estate pays the taxes as part of the estate tax retrun. Have an accountant prepare the estate returns.

You can revoke at any time in writing. Ideally, you simply create a new POA that revokes all prior POAs. You should send written notice to whomever is named agent under your POA being revoked. That way, if they attempt to act, they are doing so knowing their authority or revoked, which makes them... View More