No. How the Will is drafted determines what becomes of his share, whether it goes to you, someone else, or whether it lapses. If the result is not what your mother would want, then she can change it. If your mother is no longer competent to make a change, then the Will stays as it is.

"She got the house after he died." How? By the terms of your grandfather's will? If so, then your grandfather's estate needs to be reopened so that the deed can be transferred from his estate into the names of your grandmother's heirs/legatees. If your grandfather died... View More

I am assuming that your father died without a Will, otherwise that would control. If there was no Will, then the estate is split three ways, one equal share for each of you, your sister, and your nephew, unless your brother was either (1) not the biological child of your father, or (2) was not... View More

Assuming the checks are for periods of unemployment prior to her death, yes, you are authorized to accept and deposit the checks into an estate account (opened in your name as Special Administrator of her estate). However, you may need to have the checks re-issued in the name of the estate, or... View More

Open the estate in Florida. You will need a certified triple seal copy of the proceeding and appointment as executor/personal representative. You then file a foreign personal representative petition to set inheritance tax (there won’t be any if spouse or lineal heirs like children will inherit)... View More

A nonlineal heir (and non-spouse or sibling) of an estate, such as your nephew, will have 10% of the value of his bequest withheld for Maryland's inheritance tax. This tax applies to assets that pass through your estate as well as to jointly owned assets. and assets that are in your name and... View More

If your mother is mentally competent and the terms of the will and power of attorney express her intentions, then your mother is free to do as she pleases with her assets as well as grant anyone she elects to act on her behalf during her lifetime to carry out decisions for her benefit or as she... View More

If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.

You should probably have a consult with a lawyer to review the will, if any, and the petition for probate and inventory. Perhaps you should be a co-personal representative or insist on notices or file a claim.

A lawyer can be very helpful in sorting these things out, but, generally, the clothing of the deceased has very little economic value. It is most often donated to a homeless shelter or Salvation Army, and the proceeds are insignificant. The leftover food in the house is worth even less, and you... View More

It's not that simple. When a person dies, any assets they own becomes property of their estate, whether or not a formal estate has been filed and opened. Financial institutions like banks will freeze and lock the accounts of any account holder whom they learn has died, and will only allow... View More

So, are you saying there are no assets in the trust? Simply notify all charities of this fact, by certified mail, and that you intend to resign. If there are trust assets, you will need to identify what those assets are by way of an accounting (nature, location, amount/value as of the most recent... View More

To get specific legal advice on a particular estate you may want to reach out to an estate attorney for a consultation.

To answer the general question "Does [a] PR need permission from the court to settle?" Usually no, under most circumstances a Personal Representative in... View More

Best way is not to do this. If someone wants or needs out, or life events happen (divorce, death, severe health issues, long-term nursing care needs and Medicaid qualification, to name but a few), then you’ve got a mess on your hands. That’s separate from all the headaches of shares use,... View More

Objections (or, "exceptions") to an account may be made within 20 days following the court's notice approving the account. Note, this is not 20 days after receiving a copy of the account that has yet to be approved. In many cases, the audit department raises issues and requires... View More

Most all documents filed in an estate are a matter of public record. The court may, in rare situations, seal documents which are not open to the public.

If you have questions about a specific filed document not showing up in the docket it would probably be best to direct the question to... View More

Unless there is some malfeasance or basis to object to the PR's handling of the estate or performance as PR, then there is little reason to hire a lawyer. It will simply cost you money. Lawyers charge by the hour, and that can range depending on how experienced the lawyer is. A couple to... View More

The notices required to be mailed to interested persons by law are set forth in the Estates & Trusts Code and the Procedural Rules of Maryland. They are limited, but you will receive copies of any Accounts filed in the estate. However, all court proceedings and filings in an estate are open... View More

This appears like a conclusion rather than a question. However, to the extent this is a question asking whether a Personal Representative can/should avoid appraising an asset to avoid tax, that would be a very ill-advised course of action. A Personal Representative has an obligation to appraise... View More

Generally speaking, the PR is supposed to report a value to all personal property, but a formal appraisal may or may not be required depending on the nature of the items. A coin collection can be valuable or of no particular value, so if it is worth thousands of dollars, an appraisal is probably... View More