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Maryland Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Maryland on
Q: My grandmom passed when I was 18 my brother 17 he got his inharitance and I never got mine I asked her for it and she no

She told me no can I sue for the money

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 7, 2017

It isn't clear who the "she" who said "no" is in the question. Nor is it clear what interest is in the grandparent's estate.

Grandchildren do not automatically inherit unless they are named in the deceased grandparent's will (or sometimes if there is no...
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1 Answer | Asked in Estate Planning for Maryland on
Q: A life long friend wishes to leave his house in"trust" to my brother and I what will be required of us?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

That will depend on the terms of the particular trust instrument. If someone is asking to name you as Trustee you may wish to ask what the trust requires of the Trustees.

1 Answer | Asked in Family Law, Estate Planning and Real Estate Law for Maryland on
Q: My father put my sister and I in the will to split his home. He alsor put us both on the deed. I am now being told that

Being on the deed is a bad idea and will cost more money in the long run. Is this true?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

There are several different ways to include someone on a deed. Some of these ways are smart, with little risk to the original owner while others can create issues and unintended negative effects.

One of the least risky and most cost effective deeds is an enhanced life estate deed. Most...
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1 Answer | Asked in Estate Planning for Maryland on
Q: What's the best way to make sure my special needs kid is taken care of when I die?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

Many parents with a special needs child will create a special needs trust to ensure that funds are available without jeopardizing health care or other benefits. Some will set up life insurance to provide funds but care must be taken when a child requires governmental benefits to avoid... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: is unsecured debt considered estate debt in maryland probate
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

If the person who died owed money, it will be an estate debt whether secured or unsecured. A secured creditors has rights that extend to the collateral regardless of whether they file a claim in the estate.

1 Answer | Asked in Estate Planning for Maryland on
Q: What happens if the testator dies, then the executor of his/her will dies before carrying out executor responsibilities?

There are only two children of the deceased involved as beneficiaries and they detest one another.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

A well-drafted will should name a back-up if the first named Personal Representative cannot carry out their duties. If the will identifies no back up an interested person can petition the court to fill the vacant role.

2 Answers | Asked in Estate Planning for Maryland on
Q: I live in Maryland. My mother has just been diagnosed with terminal lung cancer. I know that she has a will. My older

Lives with her, he told me that he has a copy of her will nut he will not allow me to view it, he also has stated that he has an appt with the lawyer who drew up the will. I have asked am i named in the will and he will not answer me. What can i do.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

Generally the contents of a will are private and need not be disclosed until after someone dies.

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1 Answer | Asked in Estate Planning for Maryland on
Q: I live in md. And I'm executor of my mom's estate.i have 3 lawsuits going on for my mother one of which is a wrongful

Death. Am I allowed to pay off her bills and borrow the rest from her estate, and not split it with any siblings

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 28, 2017

The estate assets must be split in accordance with the Will, or if there is no Will, in accordance with the laws of intestate succession. Since the disbursal must be in accordance with the will/law, one heir cannot take all the funds to the exclusion of other persons entitled to the estate. To... View More

1 Answer | Asked in Estate Planning, Banking and Probate for Maryland on
Q: Can

Q: Can a bank reject a letter of administration because it is dated 2009?

Details: My mom died in 2009 and my sister is her PR. The estate was closed in 2010 and then she just closed the estate bank account last year. This year, she received a check for unclaimed property paid to the order... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 21, 2017

It sounds like the bank is suggesting your sister needs to REOPEN the estate (with the courts) and then handle the check.

There MIGHT be a simpler process depending on the size of the check etc, so I'd recommend consulting with a local attorney (the one who helped with the probate the...
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1 Answer | Asked in Estate Planning, Family Law, Tax Law and Real Estate Law for Maryland on
Q: if an adult child has been living in dead fathers home and never changed over title and now its up for tax sale

as one of the grandkids what can i do if i want to pay off debt? more importantly would the city leave the house in my grandfathers name even knowing hes deceased. i dont want to put so much money into the property and it not be mine or for my uncle to than make an issue or try to claim it

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 18, 2017

The city (or county) does not change title, so unless the family opened up an estate the title would remain in the deceased person's name.

Anybody can redeem the property before the tax sale foreclosure case awards judgment to the tax sale purchaser. As you point out, however,...
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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Can a child over 18 inherit from the estate in Maryland when the deceased has no will but has earned several residential

And commercial property s during marriage surviving spouse is not biological

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 18, 2017

When someone dies without a will, their property passes through the laws of intestate succession. In short, YES, an adult child MAY inherit, though it will depend on what is in the probate estate and how assets are titled. If someone dies owning property in their own name (without a spouse or... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Maryland on
Q: My wife and her brother have received their mother's house, deeded to them at the time of her passing. She did not have

a will or estate plan. Do other forms etc. need to be filled out by the heirs in order to formalize their deeded ownership? Thank you.

Richard Sternberg
Richard Sternberg
answered on Jul 6, 2017

If the house was indeed *deeded* to them during the estate administration, there is nothing else to do. To be sure of that, you can run a title search to see if they are "in title." If the transfer was as a matter of law in an intestate estate, I urge you to pay a lawyer to complete the... View More

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: as alternate beneficiaries of a will in md can you list both children and grand children
Richard Sternberg
Richard Sternberg
answered on May 29, 2017

Yes, but every time I've seen this done by a lay person using some Internet form, they've done it incorrectly, and I quietly hope to get one of the sides of the eventual litigation. It is important to distinguish between beneficiaries and contingent beneficiaries, as well as between per... View More

1 Answer | Asked in Estate Planning, Family Law, Banking and Probate for Maryland on
Q: As one beneficiary on a bank account, how can I collect my share of funds if another beneficiary won't cooperate?

My grandma died in December 2015 and left the funds in her bank account to me, my uncle, and my aunt. The funds are to be split equally among all 3 of us and will only be disbursed when we have all notarized a form and submitted it to the bank. My aunt has refused to get her form notarized, meaning... View More

Richard Sternberg
Richard Sternberg
answered on May 25, 2017

Sue her and/or the bank.

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: my father passed feb 2016. He was broke/no cash.The house is paid.does the house have to be sold to pay unsecured debt?

he did not have any cash in the bank. the house and car are paid. the only debt may have father had/has is unsecured all credit cards. i live in the house now and I pay all the expenses. there are 3 heirs, my brother, my sister, and myself. we are all in agreement the house will be sold and... View More

Richard Sternberg
Richard Sternberg
answered on May 20, 2017

You've left out important facts, like whether there is a Will; who all the heirs or beneficiaries are; whether they agree that you should be the sole beneficiary; the value of your father's house after payment of expenses and mortgages; and whether you could buy something else with your... View More

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1 Answer | Asked in Real Estate Law and Estate Planning for Maryland on
Q: My stepdad died 2009. Mother pays mortgage. Loan in stepdad name & deed in both. If mom dies, which kids gets property.
Brian Xavier Pendergraft
Brian Xavier Pendergraft
answered on Apr 23, 2017

The Bad Answer: Assuming the deed is a marital deed between your mom and stepdad, once your stepdad died the property was solely hers. If she dies without a will, then the property passes down to her heirs. This can be just you, or both you and your stepsibling if she adopted the stepchild.... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: My father's will listed the attorney as personal representative. I am only heir. There is no mortgage.Can I keep house.

I can afford to pay his debts, ie.funeral, and nursing home. The attorney wants to auction the house off. How can I become

the representative.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 13, 2017

Without seeing the will it is impossible to answer this. Does the will REQUIRE the sale of the assets? Are you listed as an alternate personal representative? What other assets are there to pay the bills?

You need to seek local legal representation to review the documents and the facts and...
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1 Answer | Asked in Estate Planning and Tax Law for Maryland on
Q: We have an accountant cpa I don't think she is giving enough write offs nw we owe big taxes is there any way around it?
Ben F Meek III
Ben F Meek III
answered on Apr 7, 2017

Get a second opinion. You also might contact a tax resolution law firm. Especially if the amounts are large.

2 Answers | Asked in Estate Planning for Maryland on
Q: If a property with a mortgage on it is left to one person in the will, can that person takeover the mortgage as it is?

Interest only loan on property. By federal law 1982 lenders must allow inherited property owners to assume the mortgage?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 20, 2017

While there are provisions for FEDERALLY guaranteed loans that imply a death is not a 'trigger event' starting a due on sale, you still will need to QUALIFY to assume the mortgage or a revised mortgage based on the lenders underwriting guidelines.

This is a VERY complicated and...
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1 Answer | Asked in Estate Planning, Tax Law and Probate for Maryland on
Q: What considerations must I keep in mind when hiring an Estate Planning legal team?

We are married; both my wife and I work, we have three children both from different relationships. I have two daughters, 21 and 19, she has a son who resides in our household, age 14. The girls live in two different states. We are not wealthy. We have a mortgage and we both have vehicles.... View More

Ben F Meek III
Ben F Meek III
answered on Mar 2, 2017

Reputation matters as do experience and expertise. Get suggestions from friends that can describe a good experience with their lawyer. It is also a good idea to talk to several and get a feel for what they would want to do for you and a ballpark for fees and costs. You don't need an elaborate... View More

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