younger brother lives with mom and she's incapacitated. he's seeking a power of attorney to make all financial decisions on her behalf and possibly sell the dwelling.
If she is incapacitated then she cannot sign a power of attorney for decisions. A living will does not pertain to assets or disposition of property, only to what happens to your person in certain medical situations while living. Even if your brother were to be the power of attorney for your... Read more »
younger brother lives with mom and she's incapacitated. he's seeking a power of attorney to make all financial decisions on her behalf and possibly sell the dwelling.
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... Read more »
mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.
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.
otherwise there would be no house to sell. My sibling is the Executor, has hired an appraiser to sell furniture, donate and discard her belongings without including me. I've asked for a detailed list of everything sold and donated but has refused telling me to wait til all is finalized. Do I... Read more »
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.
property, EXCLUDING??: Wearing apparel, other than furs and jewelry; and (ii) Provisions for consumption by the family
WHY WOULDNT THESE BE INCLUDED?
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... Read more »
My mom was not married and I am over 18 years of age. I need money before going to probate.
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... Read more »
The beneficiaries of the trust are four charities, and I have already sent an email to all four indicating that my godmother died destitute owing thousands of dollars in taxes and credit card companies.
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... Read more »
question I previously posted. (1) I noticed on the MD court website for my mother's estate, with the docket of forms already filed with the court, the PR has listed $0 in inventory of household belongings filed. I've become aware an appraiser was hired to sell, donate or gift belongings... Read 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... Read more »
We and three other families intend to sell our homes when our kids go to college and build one large custom home on acreage. Should we form some manner of legal entity to pool our money and deal with the builder, etc.?
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,... Read more »
recent update was filed but wasn't included in the docket information to request a copy. Why is this not listed? Also, can you tell me what are "court sealed dockets" that are not available to request a copy other than a Will held in safekeeping? Thank you.
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... Read more »
from the Executor. However, do the heirs receive notice before final distribution and have the opportunity to request a detailed summary of the accounting and able to object if need be? Also can the Executor (and heir) allow himself compensation against the estate if another heir took care of... Read 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... Read more »
all necessary info and guidelines for the Executor to proceed, but more importantly to avoid any unnecessary legal fees. As a beneficiary only myself, I suppose I can file a grievance with the court if need be. Can you tell me what a probate lawyer can do that I wouldn't be able to do myself... Read 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... Read more »
such as contract on sale of house, etc. Seems to me from the responses on this site, it is a mere suggestion from the BaltoCo court to keep siblings informed and not a legal requirement. It seems the Executor has complete authority and only answers to the court, unless I file a grievance, it is... Read 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... Read more »
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... Read more »
the collection among beneficiaries in the meantime UNLESS an heir believes the collection wouldn't be appraised appropriately all together at a later date after regular Estate is closed
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... Read 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... Read more »
if my siblings authorize and agree to it?
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.
rendered solely by me that was necessary for 'at home hospice care' the last 6 months of her life with verified and supported documentation?
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... Read more »
My sister an i agree there is too much work involved in settling our mother's estate. We are listed as heirs. We are the decedents daughters. We don't think anyone will be willing to serve as executor. Who will the court choose if noone is willing?
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... Read more »
I inherited a house in Maryland. The estate is in probate and I'm the executor and sole heir (I will be filling for modified administration). As I understand it, the house can be sold either by the estate or deeded to me first before the sale. For both options, when exactly in the probate... Read 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... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
