everything, however, I found a claim in MD via the unclaimed property unit. I received a check made payable to the estate of my father care of me (the PR). How can I cash that check so I can pay the distributees? Check is for $102.86
By law, the house is solely his, regardless of whether he retitles it into his sole name. If he dies without a will, his stepchildren (unless legally adopted) will not inherit any part of his estate. The only way you as stepchildren can inherit property of his estate is if he drafts a will and...Read more »
My fiance who passed had a malpractice lawsuit that was settled after he passed away. The check was issued to our minor child under a trust with me as the trustee. I need to find out if this account can be opened up as a regular guardian account without paying over a $1000 to have a lawyer draw up... Read more »
Yes, if you open an account with the check in hand, payable to you as trustee, then you can simply deposit it into the account and nothing else need be done--no other paperwork required. Once deposited, you may not withdraw any funds before the minor turns 18 unless you first obtain a court order...Read more »
I’m from GlenBurnie Md and In my fathers will he left the house to my mom and me so I guess her and then it goes to me when she passes??? If my name is on the deed can I live in that house with my wife and children without being thrown out now sense I’m 41 and technically it’s part my house????
A lawyer would have to look at your grandfather’s will to ascertain how the house was to be distributed to you and your mom, as well as review the deed to the house to see whether it was titled in accordance with your grandfather’s will. Assuming that your name is on the deed together with your...Read more »
Probate estates are opened in the jurisdiction where the deceased person died. You can find out whether an estate has been opened by contacting the Register of Wills (or going to the Register of Wills' website and performing a search with the deceased person's name).
Under Estates Code 17-110, a Maryland power of attorney under the statutory provisions must be (1) notarized and (2) signed by and before two witnesses. The Notary may also sign as one of the two witnesses in addition to signing as a notary. A lawyer may act as a witness.
My Dad passed away and I am his only child and he was divorced. I was appointed as his Personal Representative. The Estate Attorney passed away in November 2007. The Law Office of Peter G. Angelos is handling his Asbestos settlement cases. They will not release funds to me until I am reinstated... Read more »
If you were appointed as his PR, why do you need to be “reinstated”? Either you are the PR, or you’re not. Only the PR can claim funds due to your father, as those funds are assets of his estate. It is irrelevant that you are his sole beneficiary. Hire an estate lawyer to assist you in...Read more »
You probably ought to pay someone to review the actual trust, because some trust purposes can be undercut by the beneficiaries due to changes circumstances, but there is nothing fundamentally problematic with a trust holding property perpetually. A grant of property must resolve title within 21...Read more »
If someone dies with property titled in their sole name, then yes, an estate should be opened. Very generally speaking family has no obligation to open an estate (unless they are the named personal representative in a will) but it is usually in their interests to do so.
You really need counsel if a spouse elects against the Will, but, generally, spousal share trumps the Will as to the spouse, who takes only through the election, and the rest and remainder goes according to the Will. The computation sometimes get hairy.
I am sorry to hear about the passing of your father and grandmother. You have presented some bare facts but not really a question. If your grandmother and father had valid Wills, their estates would be distributed according to the provisions of their Wills. If neither had a Will, just based on...Read more »
Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site,...Read more »
We have a house. We are co-representing the estate. I want to sell. My brother says he wants to buy. He refuses to sign contract to buy or list house and sign contract to sell on open market. He continues to run his business out of house while estate pays the bills. How can I halt his business... Read more »
The recording office of the county where you file will know and allow you to fill in the cited section that applies. They are the authority who has to approve whether you have a tax exempt transfer. However, the list of exempt transactions generally appears in the Maryland Tax-Property Article,...Read more »
Your facts are dripping in self-dealing and breach of fiduciary duties, and the claim that one trustee stole funds while the other stole the property are just oozing from your question. The notion that trust instructions give you the power to buy and sell does not mean that you can buy and sell to...Read more »
No. But a guardian may be able to make other estate planning decisions, including establishing a trust in the name of their ward and funding it, with distribution of the trust assets upon death being set forth in the trust. You should not do anything without first consulting with experienced estate...Read more »
If you are domiciled in Maryland at the time of your death, die without a will and an estate is opened up here, your probate property passes under the laws of intestate succession. Who gets the probate property and in what percentage depends on what relatives survive you.
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.