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answered on Dec 9, 2019

If you mean does your brother have any claim beyond the term's of your parent's will by virtue of still living in the home that is now part of the estate, then no, not unless he has a lease agreement. However, the executor can't just kick your brother out of the home either. If... View More

The mortgage is a lien against the property. It cannot be sold without the mortgage being paid off first out of the sale proceeds. That happens at settlement. Then the net proceeds are split evenly between the two owners of the property: 50% to the estate, 50% to your stepmother

First of all, where in Virginia is Maryland? Which state's law is at issue?

Second, a testamentary will is one of the two ways (intestate being the other) to get INTO probate. A Will does not avoid probate.

Third, other than learning it from a poorly written TV script or a... View More

If he’s not POA, then he cannot act on his father’s behalf unless he petitions a court to appoint him guardian over his father and his property. Assuming he is one of those, he will have to serve 30 day notice to vacate before he can file a complaint for judgment of possession and a court date... View More

Depends on how they held title to the house. The default way married couples hold title is as tenants by the entirety, which means in this instance that your grandfather is the sole owner. If, however, title is held as tenants in common, he only owns half interest and your grandmother’s estate... View More

Yes, family members can witness a power of attorney. If it is a health care POA, at least one of the witnesses cannot be one of the person’s health care providers or an employee of one of their health care providers, or entitled to inherit under the person’s will.

Your uncle as trustee of a trust for the benefit of your son is required to provide your son or, if he is a minor, his parents with an accounting of the trust assets. Unfortunately, since your uncle is refusing to communicate with you, your son or you will be required to institute litigation... View More

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answered on Sep 23, 2019

Contact the attorney who helped you with this probate case. That is something the attorney should have helped you accomplish.

I know of no way to do it other than reopening the estate. It isn't hard, but it means filing a new accounting, and that certainly isn't worth the effort using a lawyer.

Specific questions about specific planning documents usually require sitting down with an attorney to review. That being said, I'll try to address in general terms the questions posted.

With respect to inheritance and other death taxes: these taxes apply in Maryland no matter... View More

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... View More

The question is unclear. Ordinarily there is no reporting of trust schedules with the probate estate filings.

Perhaps you are asking, however, about reporting trust assets transferring to people obligated to pay inheritance tax? Maryland law requires that an Information Report be filed... View 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... View More

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... View 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.

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... View 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... View 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.

A reverse... View More

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.