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Maryland Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Elder Law for Maryland on
Q: Asset Protection and Medicaid Benefits

My parents and I are planning to sell our houses to buy a bigger house to live together. What should we do to protect our asset but still legally having Medicaid benefits for my parents if they need to apply?

Nina Whitehurst
Nina Whitehurst answered on Oct 24, 2020

You should schedule an appointment with an elder law attorney. There is more than one way to do this. There is no one-size-fits all solution. A personal consultation is needed.

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1 Answer | Asked in Estate Planning, Elder Law, Public Benefits and Social Security for Maryland on
Q: 64, disabled, and on SSI and Medicare/Medicaid. About to inherit about $50,000. How can I avoid losing benefits?

Dad's original will set up a Special Needs Trust with all funds just for me. He later amended the will so funds are immediately disbursed among each of the children. I think I'm in a bind and don't want to lose my only income source as well as my health insurance due to having... Read more »

Mark Oakley
Mark Oakley answered on Oct 7, 2020

You are legally allowed to direct a gift or inheritance into a special needs trust, without receiving it directly yourself. You can have such a trust created when the time comes to receive the inheritance, or if one already exists, you can direct the funds into the existing special needs trust. Not... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: If a house has black mold, can money from the estate be used to repair before selling?

There was no will and it was agreed that two of the siblings would receive this house since a much more expensive home was given to the other two siblings years before the deceased passed. They now want the money from the repairs. Do we have a case to not give it to them since they agreed to take... Read more »

Mark Oakley
Mark Oakley answered on Oct 6, 2020

It is not clear to me from your description exactly what the issue is, and you will need to discuss this with a Maryland lawyer. I assume what you are saying is that the estate consists of this older property, plus other cash assets. You initially ask if you can perform mold remediation before... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: What is the process in CA to distribute property that was distributed by probate court to an estate probated in SC.

Final probate court left 50% of CA real property to the estate of the decedent's father living in SC as he died 4 months before probate was closed. What is required in order for the Personal Representative of the SC estate to distribute the CA real property? SC probate only requires a... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

You may want to post the question under California, not Maryland and/or reach out to a California barred attorney. Real estate law varies from state to state and a Maryland attorney cannot answer the question about a transfer of California property. Presumably California like most states... Read more »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: We have an old will for my mother, my brother is has the Power of Attorney from the existing will. We want revocation

Of the old will and make a new one

Mark Oakley
Mark Oakley answered on Sep 29, 2020

You need a lawyer in the state where your mother resides (you list Charlotte, NC, in the posting). So long as your mother is mentally competent, then she can execute a new Will. However, a Will does not act as or grant someone the authority to act as someone's attorney-in-fact like a power... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: My father died in Maryland without a will.He has credit card debt. A home worth 53000 where my mom lives.

Do we have to sell the house to pay 4000 in credit card debt? My mom and I would like to take over the house. Brother doesn't want anything and all my dad had was the house. He took my mom's name off of the deed in 2001. We don't know why. We don't want to loose our home.

Mark Oakley
Mark Oakley answered on Sep 17, 2020

Discuss this with a lawyer. One option: Wait 6 months after date of death before opening the estate, and do not talk to the credit card companies or volunteer that he died, just stop making payments and ignore their calls. After 6 months open the estate and if the credit card companies file claims... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: How do I decline being a trustee after having accepted?

My friends asked me to be the trustee of their son who has a disability. I didn't know what that meant and I tried to decline and they told me it wasn't that hard. That I would be the local person and his sister would be making the decisions. I didn't research it and agreed.... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 4, 2020

Without seeing the trust agreement, I can only answer based on the facts you have provided. Usually the trust agreement will advise you as to how to resign as the trustee. If it's silent, then I suggest you talk to the sister about passing the torch and then following up your resignation in... Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: Is there a specific legal form I need to sign to waive or reject my inheritance?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 24, 2020

There isn't a form on the Register of Wills' website that would accomplish this. You should reach out to a local attorney to inquire about he/she assisting you with preparation of a proper disclaimer. It need not be anything fancy but it would be worth it to consult with an attorney about... Read more »

2 Answers | Asked in Probate and Estate Planning for Maryland on
Q: My fiance' has a case in probate. She was raised by and lived with her father all her life .he died without a will.

Her uncle came and took all of his personal property vehicles etc.. she was distraught over the loss s he retained a lawyer to stop uncle from taking money Wich is 1.8 million dollars the lawyers told her they would release some monies to her because she has to live and pay bills and eat and now... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 19, 2020

It surely sounds like your fiancé needs to talk to a lawyer who will review whatever documents her uncle has and the probate file. If she is the sole heir of an intestate estate, it is difficult to imagine why the $1.8M isn't in her hands after two years unless some conservatorship was... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: My wife has been missing for 25 years would like to have declared dead
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 1, 2020

Unfortunately, this is a matter of fact that must be determined by the court. You should contact an attorney in your area/county/city to determine whether there is a case for a presumption of death.

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2 Answers | Asked in Estate Planning for Maryland on
Q: I want to buy my aunts house in probate. Do I have to purchase it at 90% of the value of the home?

The two heirs are minors and we want to keep the home in the family as they have experienced much loss at young ages. No one in our family is contesting the sale price which is about half of the value.

My father is the personal representative of my aunts estate and is willing to sell the... Read more »

Mark Oakley
Mark Oakley answered on Jul 19, 2020

So, you are paying half value, which means the two minor heirs receive half their inheritance. Meanwhile, you get a house worth twice what you paid for it. The minor heirs lose half their inheritance. To you. I’m not seeing how this benefits them. Are they living in the house? Deed the house to... Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: My dad has passed away he has property but dont know how much property he put his mom I think on one is the property her

How do I find out if he has other property

Mark Oakley
Mark Oakley answered on Jul 15, 2020

Did he have a will? Has anyone opened an estate? That has to be done first. The person appointed personal representative of the estate will then have authority to find these things out, and access his papers, financial accounts, etc., for purposes of management until the estate may be distributed... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Can You Quiet Title A Property That Has Violation Broken Windows Doors Trash And Debris Excrement Reported Unreported

Will The Judge Grant The It If You Have No Claim Statement Or The Claim Statement Is That Its Self Or By Asking Or Just Based On Identification Identification And The Circumstances There Of Or Nature Of The Unmaintained Land

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

"QUIETING TITLE" means settling any dispute on the ownership of particular property. The condition of the property is usually irrelevant. Someone can only quiet title to property they either have a recorded interest in (meaning something like a deed recorded in the Land Records) OR... Read more »

3 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Probate, Trusts and an Un-trust worthy executor

My uncle died in Aug 19 leaving his assets divided into 4ths among me, my brother and cousins. My father is the executor and we are estranged. My 25% was put in a trust with my father as the trustee. My father did not tell me of my inheritence I only received life insurance. He seems to be dragging... Read more »

Brian Robert Gormley
Brian Robert Gormley answered on Jul 6, 2020

It's sometimes difficult to know how to handle delicate estate situations. As a beneficiary of a trust, you have the right to review the trust itself and receive periodic accountings. I would start there and see what information you get. Hopefully, you will not need to involve the courts in... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Want to know how funds will be distributed for my dads estate account

My dad died before my mom and he had land he owned with two siblings. The land just sold and 30,000 is due my dads estate. ( he died with no will, my moms will leaves everything to me ), I have 2 brothers so I was wondering how the 30,000 would be divided

Nina Whitehurst
Nina Whitehurst answered on Jul 6, 2020

It is hard to say how that $30,000 will be divided without knowing what ELSE was included in your dad's estate. In general, because your dad died without a will, his surviving spouse would receive $15,000 plus half of everything else in his estate. His children would receive the amounts not... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: A copy of my granddads will was filed in md leaving every thing to me and my sister. Is it valid. It was witnessed by 2

It was filed by his ex girlfriend who stole it from his house. He had it signed and witnessed by two people on 20006. Is it legal

Mark Oakley
Mark Oakley answered on Jun 30, 2020

Well, if it was signed by your grandfather, in the presence of two witnesses, who also signed the will in their and his presence, then the signature requirements of the law are satisfied for making a valid will. Whether the document as a whole makes a valid will cannot be determined by the facts... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: My aunt and uncle are deceased. They have one living son. Property has never changed names from aunt and uncles.

My cousin would like to sign property over to me. They had no will. What steps need to be taken to do this. Property has no liens or mortgages. I have paid land taxes for over ten years.i live in the property and have all my life. Cousin has no interest in owning home.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 22, 2020

An estate will need to be opened. If a married couple owned the property as "tenants by the entirety" when the first one died, title should have gone to the survivor of them. (If they owned title differently there may be a need for two estates).

In many cases an estate will...
Read more »

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2 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Maryland on
Q: In maryland can my brothers wife ( pending divorce). Take the home of his deceased parents?

My aunt and uncle raised me. And have one biological son. My uncle died 2003 my aunt 2016. I was never legally adopted. My cousin( their son). Wants to sign their property over to me. Him and his wife are getting a divorce. She has threatened to take half of his deceased parents home. They do have... Read more »

Mark Oakley
Mark Oakley answered on Jun 21, 2020

No. Property which one spouse inherits alone is not marital property subject to division with the non-inheriting spouse. The only scenarios where your cousin’s spouse could make a claim are (1) if your cousin were to add his wife to the title; or (2) if your cousin were to make mortgage payments... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: My parents named my brother executor of their will. He now was dementia/daughter has poa. Is she now executor?

Parents will and brother's will and poa all filled in same county. I'm worried she will have control of my parents will. It is just my brother and myself.

Mark Oakley
Mark Oakley answered on Jun 20, 2020

Are your parents alive? An executor/PR has no authority to act until the person whose will appoints them has died, and an estate is opened. Once that happens, if the named PR is or becomes incompetent, then whomever the will names as successor or alternate PR takes over. If there is no successor... Read more »

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2 Answers | Asked in Probate and Estate Planning for Maryland on
Q: My mother won't give me my inheritance.

My grandfather left me his guns in his will - he died when I was 10. I was supposed to get them when I turned 18. I'm now almost 21 and she said her new husband wants them, but she's willing to get them appraised and give me the money for them. I told her, I'll get them appraised,... Read more »

Glenn A. Jarrett
Glenn A. Jarrett answered on Jun 10, 2020

If the estate is in probate court, contact the Court in writing and explain the situation.

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