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The executor of the estate wants to transfer of deed of the house to my husband before the estate is close. There is an active claim against the estate that is being contested. Can the executor do the transfer before closing the estate? Or can the house be sold to my husband for an specific... View More 
answered on May 10, 2020
The estate cannot close without court approval of the final account, and the resolution, settlement or termination of all claims pending against the estate. Distributions to heirs ordinarily must await final approval of the account, but partial distributions are possible so long as sufficient... View More
There are 6 heirs. There is no more money to pay taxes, repairs etc. 3 heirs want to stop sale. I want to sell asap as is
answered on May 1, 2020
If the house is still in the name of the decedent, then the Estate is not yet closed. But the Personal Representative has broad powers to administer the assets of the Estate and make distributions according to the Will or laws that apply when there is no Will. If the house must be sold, then... View More
So my next step should be to go to the courthouse and start the transfer of his home to my name for taxing purposes.
answered on Apr 24, 2020
I assume by "final release" you mean final account was approved and the estate has reached closure. You should use a lawyer to draft the deed, but yes.
I have had no relationship with him nor anyone for almost 50 yrs. Apparently he really didnt have anything. A crappy car, bank acct. I live in TN his estate is in MD. My question is what do I do? I'm not spending a penny to do anything for a stranger for might be nothing in the end. Help
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answered on Apr 21, 2020
You don't HAVE to do anything. If you want any of his stuff, you can hire an attorney in MD to help you probate his estate. For a small estate, there might be an expedited procedure. If you do nothing, and nobody else (such as a creditor of his) does anything either, then his things will... View More
I am the personal representative in Maryland of a small estate for a friend who passed away.
I notified creditors in writing of the 30 day limit to file a claim.
https://law.justia.com/codes/maryland/2018/estates-and-trusts/title-5/subtitle-6/section-5-603/
My letter... View More
answered on Apr 15, 2020
Because of the pandemic, all Maryland courts were closed for business except for "emergency" matters as of March 16, 2020, and in addition, all filing and time deadlines provided by any statute, rule or scheduling order were also automatically extended for the same amount of time as the... View More
What Regards That You Don't Have To Pay Just Compensation As A LLC / Individual / Private Company Non Profit Company..... As In Thing That Regard Regard Tax Exempt Is It Just As In That Thing That Regard ( Tax Exempt )
answered on Apr 9, 2020
Eminent domain is subject to the requirements of local statutes and ordinances that provide the payment formula. There are appraisers that deal with condemnation appraisals. And if you and the condemning authority cannot agree, you can take a case to trial in a circuit court where a jury will set... View More
Can You File Eminent Domain In Regards Regards Government Property .....( International Law )
answered on Apr 8, 2020
You have the concept reversed. Eminent domain is the right of the sovereign to take private land after paying reasonable compensation. It is limited to legitimate public purposes. You can’t exercise eminent domain unless you are a government.
Regarding Baltimore City and and St Mary's Country
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answered on Apr 8, 2020
Unless you are a governmental agency you do not have the authority to file an eminent domain action. If you want to challenge an existing eminent domain action against your property you would file your challenge in the same court where the case was started.
There is a deceased spouse who is also joint owner of the will and three adult children are the beneficiaries. The main asset involved is a house that has been paid off.
answered on Mar 24, 2020
Maryland law allows planners to maintain absolute control and privacy over their own Wills -- so long as they are living there is no obligation whatsoever to disclose the contents to anyone else.
Wills are typically (though not always) stored in the Register of Wills' vault - the... View More
the title has my name as primary owner and his name is second he just passed away my sister is trying to put it in his estate but the dmv website says i can just bring his death certificate in and remove his name what should i do i dont want her to put it in his estate
answered on Mar 11, 2020
Do what the MVA tells you: go have the vehicle titled in your sole name. Here’s a link:
http://www.mva.maryland.gov/About-MVA/INFO/27300/27300-36T.htm
he lived in Maryland, USA.
answered on Mar 7, 2020
Need more facts. Did he have a will? How were his assets titled? We’re there “transfer on death” beneficiaries on any financial accounts? Did he have children? Are any of them minors? His spouse has statutory election rights even if there is a will and she is left less than what her statutory... View More
My mom passed away and a year before she passed her and I got a joint banking account together. Now that she has passed my sister is taking me to Court for the money in the account. How can she do this when I have survivors rights to the account and it's not part of the estate. She's... View More
answered on Mar 2, 2020
You are probably on solid legal ground, but anybody can sue anybody whether they can prove the legal right to win or not. Injunctive relief is permitted when there is an immediate irreparable harm that will occur if the court does not issue an immediate temporary order to stop another party from... View More
My father married my stepmother in 1987. He passed in 2011 while they were still married. My stepmother ended up selling the home that she and my father lived in before his death to her daughter (my step sister). My stepsister, in turn, sold the home a few years later for a nice profit. My... View More
answered on Mar 2, 2020
Yes, by all realistic scenarios, there is no inheritable estate left, assuming the absence of fraud. Your stepmother could not have sold the house and transferred title to her daughter without having sole title herself, either as joint tenant with right of survivorship on the deed, or by a will... View More
There are no designated beneficiaries on the accounts.
answered on Feb 19, 2020
If a retirement account has no beneficiaries, it usually defaults to the estate of the deceased. An estate attorney can help navigate the process of estate administration and you're encouraged to seek legal advice if you are the personal representative listed in the Will (or family member of... View More
Executor is one of the 3 benificary. 2 siblings have seen the Will only telling the third that the house is listed to be divided equally. 3rd has not seen the Will. Has asked for a copy & is ignored. The individual passed away 12/14/2019. What happens when a house is involved in an inheritance... View More
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answered on Feb 13, 2020
After the probate case is opened to probate the will, the will becomes a public document. You can go to the court yourself and obtain a copy or send a paralegal or even a friend to obtain a copy for you.
My mother's estate was opened in VA in Jan. She owned a home in MD. I am being told there is a mandatory 6 months waiting period per MD law so that Creditors can file a claim. However I was under the impression the property could be sold immediately but the proceeds would then be held in... View More
answered on Feb 7, 2020
Maryland law does not mandate waiting 6 months to market/sell property, but proceeds should not be disbursed to heirs until 6 months have passed, any payments are prioritized according to the order set forth in MD law and the court has approved the accounting.
While not legal advice, I... View More
answered on Jan 19, 2020
Ideally, you simply leave it to him in your will. When a person dies, their property is all valued as of the date of death, so that the heirs receive a stepped-up tax basis to that value. That wipes out all the capital gains tax that you would incur were you to sell the house before you die. What... View More
Elderly parent must relocate to my home in so. MD. His will is under LA. Does this matter at time of death?
answered on Dec 30, 2019
Generally speaking, wills valid in the state of original domicile remain valid if the planner moves. A will may become void in some cases of changed circumstances, such as if a planner both marries and has children after creating their will, but a valid will does not become "void" based... View More
He hasn't live here in 10 years. I thought ownership would just transfer to me.
answered on Dec 17, 2019
People can jointly own property several ways. If married, they can own in Maryland as tenants by the entirety, joint tenants with rights of survivorship or as tenants in common. The way these types of co-ownership transfer at the death of one of the owners is very different. When a joint... View More
I have one biological brother, and my father was married at the time of his death. he is not alive to claim his share from my grandmother who gets that share under Maryland law.
Edited to add details. My grandfather passed away in 1975. Only the house was left and no will was found. My... View More
answered on Dec 12, 2019
So many more facts will be needed. It is common for married couples to own everything jointly, with right of survivorship, which means upon the first spouse to die, the other spouse owns all such titled property and none of it is an asset to be distributed from the deceased person’s estate. Joint... View More
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