Get free answers to your Probate legal questions from lawyers in your area.
I know of a trust fund in my name and would like to find out details as I don’t know anything about it other than the fact that it exists.
answered on Sep 29, 2024
Why do you need this information 60 years after the fact? Are you questioning an estate distribution from 1964? I am not a PA lawyer so I cannot speak to PA law, but in most jurisdictions—such as Maryland where you posted this question—there is a statute of limitations for contesting an estate... View More 
I also have a Fiduciary one in MD.
answered on Aug 31, 2024
You may wish to post this in South Carolina so that attorneys barred in that jurisdiction can answer you. A Maryland attorney cannot explain South Carolina law.
It isn't clear what the post means by "I also have a fiduciary one in Maryland"? Perhaps consider re-posting... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
answered on Mar 2, 2024
It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More
My father is mentally unstable. He would have doctors comit him to have his attorney have him released, for a large fee. My father died because the doctors and family was afraid to authorize treatment for a infection. His attorney is is sole benefactor in his life insurance and will. Isn't... View More
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answered on Jan 10, 2024
It's not inherently illegal for a lawyer to be named as a beneficiary in a client's will or life insurance policy, but this situation can raise questions of undue influence or conflict of interest. If your father's mental capacity was in doubt, there could be grounds to challenge the... View More
Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More
answered on Dec 5, 2023
Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The... View More
Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house
answered on Dec 5, 2023
"inheritance" doesn't mean the bank loan is forgiven. It must be either paid off from Estate funds, or refinanced by the person inheriting the property. A "quitclaim" deed (one without the usual warranties of title) means the mortgage lien/loan obligations of the dead... View More
All of his siblings have predeceased him. The only remaining living relatives are his nieces and nephews. He had a will and me and my brothers are the only beneficiaries named in the will. There are many cousins that I have never met and some I do not even know exist. Do I need to list every single... View More
answered on Sep 8, 2023
You should retain an attorney to handle the estate. They will have more resources to track these people down. It may require hiring an investigator.
based on the FMV. I am paying cash, no loan needed. I am wondering the pros/cons of either (1) transferring the property into our joint names first, then completing the buy-out after the estate is closed, or (2) doing the buy-out through the estate, then we distribute the house/funds accordingly.... View More
answered on Aug 31, 2023
Thanks for your post. One beneficiary/heir buying out the other(s) presents a fairly common scenario.
When an estate has enough other liquid assets, then to eliminate transfer taxes it often makes sense to distribute the real estate entirely to the child who wants to acquire it and... View More
My wife applied to be the personal representative of my MILs estate on April 21, 2023. As of June 5th, there is no response from the court. The register of wills did not have the latest will and we don't have an original, but we had a copy. My wife is listed as the primary representative... View More
answered on Jun 5, 2023
Ordinarily, you are required to make a court appearance and produce the original will to be appointed as the personal representative of a decedent's estate. The fact that you don't have the original, but do have a copy, tells me that you may be trying to do something without an attorney... View More
In the Will, he states, "I give and devise unto my wife my real estate [home address] for the remainder of her natural life, or until she shall decide to reside elsewhere on a permanent basis, or until she shall remarry...she shall pay all maintenance cost, insurance, and property taxes at her... View More
answered on Jun 5, 2023
Hi and thanks for posting a real estate question.
The first variable is whether your father's wife is still living. This appears to be a life estate to your father's wife, with the life estate ending if the life tenant moves out or remarries.
You describe a position... View More
My boyfriend of 10 years passed away April 1. He told me in 2020/2021 he had done a will & it was with his papers at his shop. He told me who the executor was & that his son wasn't to get anything. It was not filed with register of wills
I believe his son found the will.... View More
answered on May 31, 2023
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
grandma died in 2017. dad and cousin are to split proceeds from.sale of house. executor, dads brother, haa not put house up for sale. what can be done to force him to sell the house?
answered on May 28, 2023
Retain counsel. Petition for Order to Sell or, in the Alternative, Replace PR for Self-Dealing.
The reason my case has not been heard is because of conflicting legal advice that I received on justanswer.com. Based on the petitions the lawyers are filing against me, the one that told me to serve the petition on everyone was wrong. What do you do when the court makes decisions that violate the... View More
answered on May 26, 2023
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
The decedent died on 3/08/2022. The Notice to Creditors was published in March 2022 just after the decedent passed. The estate closed on 12/19/2022. I am personal representative and am still getting bills for medical services provided back in May 2021 thru January 2022. Am I obligated to pay them?
answered on Mar 29, 2023
If these bills are Medicare or Medicaid-related, and are requesting reimbursements for benefits paid through those programs, then maybe. Otherwise, creditors have an outer deadline of 6 months from the date of death to file a formal claim in the estate (not simply mail bills--the claim if a formal... View More
answered on Mar 2, 2023
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
I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.
Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?
For example:
Gross value of estate... View More
answered on Feb 26, 2023
Taxes are imposed on the gross estate. There are exemptions, credits and deductions that are/may be applicable. You absolutely need to pay a CPA to do these taxes for this size of an estate, as well as have estate counsel for the estate administration (or trust distribution). There are too many... View More
Maryland probate estate value is $10,000 or more.
Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More
answered on Feb 22, 2023
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
and you are running the business do I have any rights?
answered on Jan 31, 2023
Your use of pronouns "someone", "you", "he" and "I" is beyond confusing. It is unclear who these pronouns are referring to, other than the "I."
I'll take a stab: the owner of the company died without a will, and you are... View More
No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?
answered on Nov 18, 2022
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
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