Get free answers to your Estate Planning legal questions from lawyers in your area.
She is the executioner of the will but she has been stealing valuables from the house so I added security cameras and she is making false claims she didn’t go through my personal possessions can I have her removed as the executive of the will? She inherited the house in a 50/50 split? Until it... View More 
answered on Jan 13, 2022
The personal representative of a estate is give certain authorities in the will. It is common for the PR to have authority to enter into contract and collect rents on property in the estate for the benefit of the estate. If you are not on the deed and are not the PR your rights have not fully... View More
Can I rent a room out without my sisters approval who owns the other 50% it hasn’t been transferred into both our names yet as my mom just recently passed away. Can she say no even when I will split the income with her?
answered on Jan 10, 2022
Who is the personal representative of your mother's estate?
My sister is executor. Currently in probate with Will. I want to relinquish any/all right in favor of sister (in gratitude for mother's care, and I want avoid any responsibility for this property). What is required: Deed to be recorded; gift my 50% to her (OUCH gift tax); notarized... View More
answered on Jan 3, 2022
Heirs to an estate can, by mutual agreement, settle property distributions under the Will, even if the settlement changes what each heir is supposed to receive under the Will. A lawyer can help you work this out. It is not difficult.
For a squatter to possess property, it is required that they fulfill the requirements: Hostile, Actual, Open & Notorious, Exclusive, Continuous
The exclusive part is vague as it does not determine whether it is for exclusively one person or one party. Does this mean one family... View More
answered on Dec 1, 2021
"Exclusive" in this context means exclusive of the owner's and other third parties' (unrelated to the squatter) possession or occupation, without permission of the owner (the owner is not in possession, and has not permitted or agreed to the presence of the squatters). The time... View More
is executor in any way responsible for all the fees being drained from estate assets during this period? PR was offered, but declined help in clearing out the condo + help w/accounting. 1st Account deadline came & went, 6 months later, the court issued a "reason PR should not be... View More
answered on Nov 5, 2021
Course of action: petition to remove PR and appoint someone else (yourself?) and to possibly sue the PR for waste and mismanagement to recover the money you claim was lost. Hiring a lawyer to file and pursue these things will cost you money, and although you might claim reimbursement from the... View More
What needs to be done to protect me (concerning the home in MD) if something happens to him before we do our wills?
answered on Nov 1, 2021
The laws in the State of South Carolina where you reside will govern your spousal rights to the estate of your deceased spouse, even as to property located in Maryland. If he dies without a will, the MD property will be distributed in accordance with the intestate laws of SC, and in most states, a... View More
The trustee has not fulfilled request to know where and who is second trustee in event of death of trustee. Is there a way to get special hearing to request information or early dispersement? Especially since the value of the assets were ridiculous and the out of state property was never included... View More
answered on Oct 10, 2021
It is not uncommon for a grantor of a trust to make the age of distribution 35 years of age. They may be concerned about the reckless and inexperienced money management of youth or of particular beneficiaries, and want to ensure that their wealth transfer to their beneficiaries will be made after... View More
My siblings and I were willed a house. One sibling wants to keep the house and has made a buyout offer. I don't believe the buyout offer is equitable. I am seeking expertise with interpreting the appraisal to obtain a fair buyout offer. I have no idea what type of legal representation I need... View More
answered on Oct 5, 2021
It’s been a pretty hot market this past year around here, so you’re going to want to get a fair appraisal done to at least know what the house is likely able to sell for. I think what you’re saying is that the house was already deeded by the estate to the three of you, so now you all own 1/3.... View More
My ex had 3 kids with diseased wife, then 3 more with 2 other Woman. All carry his last name. His trust says:
any reference
to Grantor's "child" or "children" shall refer only to these
named persons. ** (Names 1st 3 kids)**
Any reference... View More
answered on Oct 1, 2021
The first question I’d want answered is, what is in the name of the trust? If he owned anything in his personal name, then those assets do not pass in accordance with his trust, but by intestate succession, so that would mean divide six ways. Only those assets titled in the name of the trust are... View More
have sent out the letter of interested parties. have created a bank account in my Moms name / estae of to depost 2 checks made out to her estate.
answered on Sep 30, 2021
Managing a decedent's estate is not like following a recipe to bake a cake. If you are not going to hire an estate lawyer, then you need to download and read all the brochures on estate administration available on the Register of Wills website, as well as make appointments with the ROW to... View More
answered on Sep 16, 2021
No. The bank balance is the dollar value, obviously. An appraisal is for real estate or valuable items of personal property such as cars, boats, high end jewelry, expensive artwork, etc.
As Principal Beneficiary and the person who established the Trust, I need to assign a new Trustee. The original Trustee passed away a couple of years ago ( I have the death certificate) and I am unable to aquire any reports regarding the financial status of my trust from the financial institution.... View More
answered on Sep 15, 2021
A lawyer would need to review the successor trustee and appointment provisions of the trust to properly advise you. You should not need a court proceeding at all. The "any interested person" default language is likely there in the event the person identified as having the power to... View More
side note: KelleyBlue Book does not provide private party values for motorcycles.
How long do I have to wait after being appointed as PR to sell real property? Do I need to file anything with the court or notify interested persons of the sale? In addition, decedent also owns a mobile home. Am I required to get a formal appraisal for the mobile home?
answered on Sep 9, 2021
There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2021
Everything my colleague Ms. Laumann recited about the advantages of trusts is correct. I would also add that trusts avoid probate, which is a time-consuming, frustrating, public and expensive court-administered process. For some clients, that is the MAIN reason for creating a trust-centered... View More
I was instructed to send register of wills $400.00for first accounting. Then the lawyer charged me $400.00. I am now paying out of pocket $3506.64This was 2 weeks ago. I told the lawyer that I no Longer need her services. 1 day later she tells me she has to petition the court.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2021
Because you told the lawyer you no longer need her services, she probably now needs to petition the court to permit her to withdraw from the case.
to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?
answered on Aug 11, 2021
The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since... View More
We were living in a home titled in her sole name with no mortgage. The only living heirs are her siblings and they have agreed to assign all rights in the estate to me. What is the process to do this? What are the potential tax implications?
answered on Aug 11, 2021
You are not an heir at law, so the siblings cannot simply disclaim their interests because disclaimers are treated as if they had predeceased your girlfriend, and that would not result in the estate assets going to you. However, if you had a legal claim against the estate based on contributions... View More
I have no expectations as one of the four children that I have sole right to the property and estate. What I am wondering is, because I am very low income, part of which is due to health issues, how much notice do I have a right to receive before they try and sell the house. For what we're... View More
answered on Aug 5, 2021
Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or... View More
The only asset is the home and the heirs all want to sell home.
answered on Aug 4, 2021
Unless the house will sell for less than $50,000, then it is NOT a small estate, but a LARGE estate. The PR does not need court approval to sell real estate. The PR needs to have ben appointed by the court to act as PR, which occurs when the court issues Letters of Administration naming you as... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
