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... Read more »
Not the name, spouse, who gets what, how much but the finishing phrase or wordage that oks the handwritten will so it does not have to go to court to be approved).
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.... Read more »
On the line for what property I want to leave them, is there a certain wording for "half of assets" or 50%? Or should I leave that line blank? I don't necessarily need to leave each of them each anything in particular. It would basically be the house and everything in it. They will... Read 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... Read 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... Read more »
In maryland
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.
In maryland
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... Read more »
I found out later, I was not reimbursed for approximately $20,000. Can I sue the estate lawyer??
Thank you
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... Read 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... Read more »
it says: " Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is... Read 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.... Read more »
May 2003 paid Lawyer to do power of Attorney and Will was paid to register with Orphan court and she did not I have the information on paying the bill on my checking account
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... Read more »
He has 2 grown daughters, and the will does not specify anything. I am in Maryland
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... Read more »
I am administering the estate for my father-in-law and I was named as the executor in his will. PG County granted me special administrative rights so that we could complete the sale of his house. The house went under contract before he passed and sold after he passed -- his will states that his... Read more »
Your father-in-law became the sole owner of the property when his wife died (assuming, as is normal, he owned the house as "Tenants by the Entireties" with his wife). When he died, ownership of the house immediately vested in the estate, meaning the only person authorized to close on the... Read more »
I would like to please know how unique this situation is where the personal representative went through probate 17 years ago, closed it and now wants to sell the house in 2020 and it is still in closed status. She has filed an updated letter of Administration. She has not taken the deceased... Read more »
It's going to take a bit of time, particularly if the property is in PG County. The quarantine has hit the Recorder of Deeds fairly hard, and the backlog seems to be a couple months on recording. The Register of Wills Offices across the state are closed and documents are being filed by remote.... Read more »
Person A and B are tenants in common in a property that is valued at $1,000,000 and has a basis of $200,000.
Their mother dies leaving them $2,000,000 in a trust to be distributed equally.
Person A disclaims $500,000 of his inheritance from the trust.
Person B signs a... Read more »
A gift tax return should be filed by Person B for the gift of their interest in the property to person A, but at person B's option, no estimated gift tax need be paid at this time, since the amount will be added back into Person B's gross estate when Person B dies for purposes of... Read more »
My other uncle how is my grandparents estate going to be split up now grandparents house was left as a third my dad and 2 uncle's got a third how is it distribution now since my dad's died no will and my grandparents have both passed away
Sorry, your question is far too confusing as to specific facts (and punctuation, which is creating a lot of ambiguity). A lawyer will need to know the order of death for each person who has died, as well as a better description of the terms of your grandparents' wills (specifically, whether... Read more »
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?
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.
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 »
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 »
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 »
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 »
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 »
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 »
Of the old will and make a new one
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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