Assuming you are using a properly licensed and insured general contractor, start with the contract your chosen contractor provides. There are many, many of them, so don't believe any nonsense about form. Then, hire a lawyer to review the agreement before you sign anything or commit to that... View More

First, upon your divorce from your ex-husband, you lost all interest in your husband’s estate and cannot refinance a property that does not belong to you or transfer to yourself an interest in the house. Second, if he was married when he died, his widow has a 50% interest in all assets in his... View More

While the home at the time of your second marriage is deemed premarital, if you continued to pay the mortgage after your marriage or spent money to maintain or improve the home (like an updated kitchen, new roof, etc.) then a portion of the house may be deemed marital property. A court in a divorce... View More

If someone is breaching their fiduciary duties as Trustee you are highly encouraged to consult with a Maryland lawyer well-versed in such matters. Adam Spence, a lawyer in Towson, MD of the firm Spence & Brierley, PC is one such lawyer skilled with such cases. Naturally you should contact... View More

A health care power of attorney specifies when it comes into effect. While customarily people retain full power to make decisions until they lack the ability to do so, an advance directive and durable health care power of attorney can kick into effect whenever the planner dictates.

It is unclear what type of assets you reference. If someone dies owning real estate titled in their name in MD, then typically an ancillary estate must be opened in MD to dispose of the real estate. However, there are other ways to pass property and you are strongly encouraged to consult with... View More

Typically if a new asset is discovered / new money comes in the estate needs to be reopened. In some situations an estate that qualifies for a small estate might not require full reporting.

In either case, funds payable to the estate or the deceased can only go into an estate account and... View More

Most lawyers charge by the hour and require an advance retainer of funds to bill against, holding the money in their trust account until earned. Litigation can be expensive, but if your petition is successful the legal fees could then be paid out of estate assets it they are sufficient. You might... View More

Yes, a trustee must provide a copy of the trust if requested by a beneficiary of the trust. In addition, the trustee must provide annually upon request “a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the compensation of the trustee, a... View More

Yes, it applies, but only upon a new trustee taking over trusteeship after January 1, 2015. Existing trustees in place before January 1, 2015 would not need to send out the notice. If the trust changed from revocable to irrevocable (typically upon the death of the last settler of the trust) after... View More

The context of the question isn't clear. "Next of kin" typically describes the next closest living relative of someone, usually without regard to their age. Maryland does not really confer any special rights on someone by being the "next of kin." A person is generally... View More

Pets are considered property. They would belong by to the estate, as property of the decedent. The Personal Representative of the estate has the legal authority to take legal action to recover property belonging to the estate. If the PR refuses, an interested person can file a petition in the... View More

Yes, it is legal for spouses to plan independently of each other although not typical. It is highly preferred that spouses keep each other appraised of their plans.

The law does offer some protection in that a spouse cannot be entirely disinherited - at least 1/3 of a person's probate... View More

No. Upon husband’s death, the wife became sole owner of the property regardless of the deed not being changed. Upon wife’s death, the house passes in accordance with her will or, if no will, to her heirs at law, which would not include her late husband’s children.

If you already have an attorney for the estate, ask that attorney. We are not supposed to interfere or communicate with a represented client. But, it is really quite easy. Just ask.

If you are the claimant, not the PR, and the PR refuses to pay the loan, you need to file a timely claim.... View More

If the deceased had a Will, then generally the Will controls who inherits. If the Will generally says something like "I leave... to my children" or if the deceased died without a Will, then Maryland law sets forth the guidelines for who is a "child" for purposes of... View More

In most cases it would be a conflict of interest for an attorney to sue a party they represented.

The law offers some limited exceptions allowing representation if the attorney is not on both sides of the fence in the same case, believes it would not pose a problem and all parties consent... View More

You may wish to seek legal assistance from an attorney who regularly handles estate litigation. A Personal Representative generally has discretion to make decisions about estate property but if they breach their fiduciary duties an interested person might file a petition in the Register of Wills /... View More

There are several ways people can own property jointly in this state and an attorney cannot answer the question of who might have an interest in the property without knowing which way the deed was titled. If a married couple owns as tenants by the entirety by operation of law the surviving spouse... View More

A Power of Attorney (POA) automatically terminates upon the Principal's death and the Agent has no authority over any assets at that point. Instead, an estate must be opened and the appointed Personal Representative will have authority to deal with any assets titled in the deceased... View More