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Maryland Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Maryland on
Q: I am the sole beneficiary, executor, and holder of healthcare and durable powers of attorney for my 98-year-old mother.

All the above documents were created when she still split her time between the states of Connecticut and Florida, and the documents identify her as a resident of Connecticut. She changed her residency to Florida in 2014. Will her documents be invalid because of this change? I fear showing up to the... View More

Mark Oakley
Mark Oakley
answered on Jan 16, 2025

They should be honored in any state your mother moves to, so long as they were legally created and signed in accordance with the state of origin. That being said, I always advise my clients to make an appointment with an estate lawyer in the state where they relocate, just to be sure their... View More

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: How do I find out if my inheritance has been stolen from me?

My aunt who I was very close to recently passed away. I have always been her beneficiary because she doesnt have kids and her spouse is already deceased. A family member took over her care when she became ill and became her POA. I believe this family member changed my aunts will and life insurance... View More

Mark Oakley
Mark Oakley
answered on Dec 26, 2024

When an estate is opened, the original will must be filed and it becomes publicly accessible. You can review the will at that time and decide whether you have a basis to challenge the signing based on what you know and can prove as to her mental capacity on the date it was signed. Also, the... View More

2 Answers | Asked in Divorce, Estate Planning and Family Law for Maryland on
Q: If your wife gets money from the sale of her moms house, is the husband entitled to the money? Or is it just the wifes?
Mark Oakley
Mark Oakley
answered on Dec 27, 2024

The answer to your question only really matters from a legal standpoint when you divorce. How the parties manage their money during marriage is entirely up to them. A spouse has no legal right to access their spouse’s inherited funds or to take gifts given only to them, if their spouse refuses.... View More

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1 Answer | Asked in Estate Planning for Maryland on
Q: I am the PR for my deceased husbands estate. There was no will and the kids were minors at the time of death. .

The estate was closed and settled on 6/2021. I have since joined a class action regarding my husbands illness. A settlement amount has been offered. What do I need to do if anything? Ty in advance This was in Maryland. However I currently reside with kids in Pennsylvania.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 17, 2024

Assuming some or all of the funds will be payable to your late husband's estate, any additional funds will require filing a supplemental inventory and supplemental account (if a regular estate) or a supplemental schedule B (if a small estate). Basically a Personal Representative has an... View More

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: How would I be able to get details on a trust fund created by family that I am no longer in contact with?

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.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 25, 2024

Generally, there is no right to get a copy of anyone else's planning documents while the planner is still living. So if the relative who created this Trust is still living (and assuming it is a typical trust), usually it is entirely up to that person to decide what, if anything (or nothing)... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: I was listed as a heir to someone who died interstate there over 50 relieves on that list it was my bio moms first cousi

Why would I only get 0.48 of percent and another first cousin once removed get 3.33 percent and there is a first cousin twice removed getting 1.67 percent my mother was also deceased also my sisters cold was listed as a heir but my child was not I live in ca the case is in md

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

When someone dies without a will, their estate is divided among the relatives of the deceased, but that does not mean every blood relative gets an equal share. For instance, if someone dies and never had children and both parents were deceased, but they had four siblings, then their estate gets... View More

2 Answers | Asked in Estate Planning for Maryland on
Q: Can a lawsuit assume a trust if a co-trustee is sued?

My sister has defaulted on a contract. I fear she is to be sued. She is co-trustee along with my Mother and myself of an account that pays for Mothers residential care. If sued will the party have access to the trust? Should we remove my sister's name from the trust to be able to assure... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 3, 2024

A Trustee overseeing someone else's Trust is a fiduciary or someone who manages someone else's money/assets. In some situations a Trustee actually manages their own assets for their own benefit in which case their creditors could usually get at such assets. However, when a fiduciary... View More

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2 Answers | Asked in Estate Planning for Maryland on
Q: Can a lawsuit assume a trust if a co-trustee is sued?

My sister has defaulted on a contract. I fear she is to be sued. She is co-trustee along with my Mother and myself of an account that pays for Mothers residential care. If sued will the party have access to the trust? Should we remove my sister's name from the trust to be able to assure... View More

Mark Oakley
Mark Oakley
answered on Oct 3, 2024

No, the assets of the trust cannot be attached or reached based upon a judgment entered against a trustee, who is not also the grantor of the trust, and who otherwise has no discretionary right to make distributions from the trust to herself for any reason. In your description, I assume your... View More

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1 Answer | Asked in Estate Planning for Maryland on
Q: If I die before my spouse is he entitled to my 401K?

I accumulated all of my 401K funds prior to getting married. I have named beneficiaries (not my husband) on all of my 401Ks. He is named as my beneficiary on my life insurance. If I die before him, is he entitled to any of my 401K funds?

Mark Oakley
Mark Oakley
answered on Sep 13, 2024

Absent a pre- or postnuptial agreement that provides otherwise, a spouse has the right to reject whatever they are receiving under the deceased spouse’s will and elect their statutory share. The old law used to be a straight 1/3 to 1/2 (depending on whether there are minor children involved) of... View More

2 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Property left as tenants in common. One sibling was listed co-buyer on mortgage. 6 acres of land. Co- buyer own home?

Home and land was willed to 6 siblings. Mobile home was not attached to land as collateral and not on traditional permanent foundation. One sibling (not co-buyer stayed in home and paid off mortgage) Co- buyer signed over title. Now title is in one name and deed includes all siblings. Was this... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

An attorney cannot realistically analyze the state of a particular title without looking at the estate filings and the deed. That said, I'll try to give some general information below that might be helpful.

"Title" and "Deed" are generally interchangeable terms...
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2 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Property left as tenants in common. One sibling was listed co-buyer on mortgage. 6 acres of land. Co- buyer own home?

Home and land was willed to 6 siblings. Mobile home was not attached to land as collateral and not on traditional permanent foundation. One sibling (not co-buyer stayed in home and paid off mortgage) Co- buyer signed over title. Now title is in one name and deed includes all siblings. Was this... View More

Mark Oakley
Mark Oakley
answered on Aug 31, 2024

Your description is too convoluted to make any sense out of it, and you are confused about the significance and relevance of being on the mortgage versus having an ownership interest in real property.

Whoever is listed on the deed is an owner. Being on obligor on the mortgage does not...
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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Father added my niece to his deed so she is now co-owner of house. Can he will or bequeath his share of the deed to me?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Generally speaking co-owners can each freely transfer their interest in real property. However, if there are survivorship rights already in the deed a Will is ineffective to transfer to someone else (because it will go to the survivor in the deed and not be a part of the deceased person's... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Father added my niece to his deed so she is now co-owner of house. Can he will or bequeath his share of the deed to me?
Mark Oakley
Mark Oakley
answered on Sep 7, 2024

It depends on how the co-ownership is designated on the deed.

Title to real property can be held as “tenants in common” (TC) or as “joint tenants with right of survival” (JT). If the deed does not state specifically that two or more titled owners are “tenants in common” then...
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1 Answer | Asked in Estate Planning for Maryland on
Q: My parent created a trust but forgot to add a family property that is shared with siblings.

Is an attorney needed to add the property or is there a form that can be filled out?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Property is transferred to a Trust through means of a Deed or Assignment depending on whether the property has a ground rent. Different counties have additional requirements and all deeds require an intake (and in some cases affidavits). While deeds are not terribly complex, there are a lot of... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: What do you do in Maryland if Trust documents are missing?

My kids are the beneficiaries of a trust set up by their deceased grandfather. It is for their education mainly, with health etc as a secondary goal. We have been using it with no issues but the co-trustee has resigned and the new trustee won't assume the role until they see the trust... View More

Mark Oakley
Mark Oakley
answered on Jun 18, 2024

(1) I assume you asked the co-trustee who resigned if they have a copy of the trust, or when they last saw a copy or who last had it; if not, start there, and then go back in time to the families of each prior trustee, if any, and ask about old paper files still in existence, that might contain a... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
Mark Oakley
Mark Oakley
answered on Mar 20, 2024

Yes, but before you do so, make sure that the disclaimer achieves the results you want it to achieve. A disclaimer by law is treated as if the person disclaiming died before the decedent. If the Will directs that a deceased heir’s share be distributed “per stripes”, or by some other method,... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
Julie D. Myers
PREMIUM
Julie D. Myers
answered on Mar 20, 2024

In short, yes. Maryland adopted the Uniform Electronic Transactions Act which states that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Since a Disclaimer of Inheritance is a contract, it can be signed electronically and... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

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

James L. Arrasmith
PREMIUM
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answered on Mar 2, 2024

The ownership of the property after your father-in-law's death largely depends on how the deed was titled when your husband and his father were placed on it. If the deed lists them as "joint tenants with right of survivorship," then upon his father's death, your husband... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

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

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

If the deed is owned as joint tenants, then your husband is now the sole owner and the house is not an asset of his father’s estate, so it doesn’t matter what the Will says.

If the deed is owned as tenants in common, then your husband now owns 50% of the house outright, and the other...
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