Assuming the "family home" is in the probate estate, then yes, a Personal Representative of an estate can usually sell the property without getting permission from other family members. However, the Personal Representative must report the sale to the court and get the court to sign off... View More

If all interested parties agree that you should be paid, you should be able to work it out as either a claim or a partial renunciation. This is a matter to be discussed with the personal representative or the lawyer.

Without proof of an agreement/contract for compensation as a caregiver, Maryland law treats all services such as these provided to a family member as having been natural gifts of familial love and caring, without any right of reimbursement for your labor or time. If you were required to expend... View More

Why is it too much work? If the estate has adequate assets, one of you can petition as PR and hire an estate lawyer to prepare and file all paperwork and even manage the estate bank account, hire one or more others to inventory, sell and clear real property of belongings, hire a CPA to prepare the... View More

You can amend the inventory value based either on the tax assessed value or an appraisal by a certified real estate appraiser (not just a real estate agent doing a valuation—must be a certified appraisal). The tax basis in the Property is fixed as of the date of death regardless of whether the... View More

If the souse was purchased during the marriage, you can file a corrective deed by presenting the marriage certificate and the death certificate of the title holder and preparing the deed. That's sometimes helpful in keeping the title clean. If she was not married at the time of purchase, the... View More

I need to attach my disclaimer to the bottom of this answer, because there is a teeny tiny chance that this advice will be wrong for you, but in 37 years of practice it hasn't been. I have seen bond called in a case exactly once in those 37 years. Other than that weird time, it is a protection... View More

It depends on the Survivorship Clause of the Will. The murderer is, of course, excluded, but his heirs are not. If the Will contains a fairly common clause that defines a person as predeceased if they die within 60 days of the testator, then the murderer is considered to have pre-deceased. If the... View More

Maryland law allows for minors to hold funds in special accounts under the Uniform Gift to Minors Act. Such accounts have the minor's name PLUS an adult "custodian" who acts on behalf of the minor until they reach majority. The funds belong to the minor but the adult can make... View More

All estate assets are included in the accounting and the gross value of the estate. If the CDs (Certificates of Deposit, I assume, and not compact disks) have named beneficiaries on them then the CDs pass directly to the beneficiary and are not part of the estate or included on the accounting or... View More

A simple will is the cheapest most reasonable flat fee most lawyers charge, so please go to a lawyer for this basic necessity and insure that not only the will itself meets the necessary requirements to be legally valid, but also that the will actually distributes your assets how you would want.... View More

I give to my daughters, DAUGHTER 1 and DAUGHTER 2, in as equal shares as possible, my principal place of residence and any real property that I may...

I give the balance of my personal and household effects, automobiles and other tangible personal property to my daughters, DAUGHTER 1 and... View More

The “proof of execution of will” form is signed by any person who was present and witnessed the decedent sign the will, including one of the person’s who signed as a witness. The space for the lawyer signature is only there if the Personal Representative of the estate retained a lawyer to... View More

It depends on the facts, but one might look to the provenance of the signature using a handwriting expert or the circumstances of the signing. I had one case where the signature was attacked by investigating the notary seal, which turned out to be forged. There are many sets of facts, and it is the... View More

A lawyer would have to look at both documents. A will requires two witnesses, and agreement can be signed by just the parties to the agreement. The will would have to specifically reference the agreement if it was to be given effect in place of or as part of provisions in the will.

So, assuming you were still the personal representative of the estate throughout the time the estate lawyer charged fees, then the lawyer was supposed to petition the court to approve payment of his fees from the estate. A PR has authority to retain estate counsel, and in addition, petition for... View More

If both you and your wife have durable general powers of attorney in place that are drafted in accordance with the updated statutory requirements during the past decade, then it is easy and no trouble at all. If you do not, somebody will need to hire a lawyer and petition the court to be appointed... View More

For many years the statute required that landlords return at 3% interest, even if they were earning 1/10th of 1%. This law was changed in recent years to be somewhat more reflective of current interest rates and more favorable to landlords because it cut the minimum interest in 1/2.... View More

Not sure what you mean by "paid to do so now." If you want to sue a sitting judge, you cannot sue for judicial acts in most cases as judges enjoy immunity. If you are asking whether you can sue a judge in the capacity as an attorney, the answer may be yes. But you may also be well outside... View More

It is not possible for any attorney to predict what someone might inherit in the future from a now living former mother-in-law because that person could change their estate planning anytime until they die.

In the event that any property is at some point disbursed in the name of your late... View More