The question is posted in Maryland but mentions a Pennsylvania location. I'll presume that the estate is in Maryland.

In this state, the law lists people with priority to serve as Personal Representative. If there is no Will, close relatives (spouse, then children, etc.) have... View More

You need to probate the will in California then open a “foreign” probate in Maryland. The personal representative in Maryland will be empowered to transfer title in accordance with the Will.

Regardless of who administers the estate (whether a relative or other appointed Personal Representative), the Personal Representative must disburse assets as per the law. This means that after paying expenses and any claims, anything left in the estate must go to the people named in the Will (or... View More

If the substitute is naked in the PoA and the document allows it, you are already done. If not, simply re-execute the document while the grantor is competent. If it is more complicated than that, you need to consult with a lawyer. Of course, there is no law requiring others to accept the PoA, so,... View More

Talk to your attorney. As administrator or executor, you have certain duties to fulfill before any monies may be "taken"

Any competent person can name an Agent in a power of attorney. If I understand the post correctly, it asks whether an Agent making their own power of attorney invalidates the authority they have under someone else's power of attorney? If so, the two are unrelated. Most of the time a... View More

This isn’t even close to the information a lawyer needs to appeal a case. If you are lucky, this is a de novo appeal from a district court decision. Regardless, there is no way around it: you need to pay for legal services, and you might want to start with a consult to determine whether you’ll... View More

Generally speaking a PR has no "right" to occupy estate property unless the Will grants such rights. Unless the PR stands to inherit the property, or all the heirs agree, the PR should typically pay reasonable rent to the estate based on fair market rates. That being said, if the PR... View More

Whenever someone petitions to open an estate in Maryland they must post bond to cover the amount of the estate as well as the probate court taxes/fees unless it is waived by Will or by the interested persons.

Where the bond is waived by the Will, the Personal Representative only needs to... View More

With a Will, the personal representative has an obligation to promptly open the estate. Without a Will, the family should open an estate as soon as reasonably possible but there is no strict time frame in terms of days. Although not best practice, one may open an estate even after significant... View More

That would depend on how the home is currently titled.

Hi,

Yes, it is entirely possible to buy out a co-owner on inherited property. There are two ways to do this:

1) if there is enough other property in the probate estate it might be possible to have real estate disbursed solely to one heir and other assets disbursed to the remaining... View More

Capital gain is calculated and paid when a home is sold for profit, not when it is transferred without consideration. To figure out your potential capital gains liability you would need to talk to an accountant or tax professional and know the basis in the property and the anticipated future sale... View More

Without knowing the reason for the trust an attorney cannot really answer. There are as many kinds of trusts as a lawyer's imagination can draw up! Who will benefit? Is there a desire to control or limit assets after disbursement?

If the concern is granting someone else control... View More

The absolute basics are the identity of the Testator, the designation of a Personal Representative and Legatees. A will must be in writing and signed, as well as witnessed by at least 2 witnesses who also sign.

A well-drafted will contains more than this and typically addresses things... View More

Not exactly. A personal representative has a duty to act promptly, but what this means will vary with the circumstances. Typically it will take a minimum of 6 months to process a probate estate and more typically 9-18 months. To understand what is reasonable in a particular estate will depend... View More

Without answering questions about any specific estate, estates take a minimum of 6 months (the period of time creditors can surface) but more typically take 12-18 months. Estates qualifying for modified administration close within less than 1 year while very complex estates might take several... View More

CAN you? Sure! SHOULD you? Well that is a whole different question!

Let me reshape that question. CAN you amputate your foot? Absolutely, but unless you are alone trapped in a rockslide and the only way out to get help before you die of exposure is to cut your foot off, it is probably a... View More

It isn't clear whether the post means the parent named beneficiaries in a will, in a trust or simply put the children on title to assets. The first thing to do would be to find out whether the assets are being administered through a trust, through probate or whether they just automatically... View More

The question isn't entirely clear. If it is asking about Letters of Administration, these are given to the person appointed by the court as Personal Representative. The law gives an order of priority, but generally the closest relatives (e.g., spouse, parents, children) have priority over... View More