The answer to this question depends on how the deed is written.

If the deed says "joint tenants with rights of survivorship" then this usually means the surviving owner has full title and the property is not a part of any probate estate.

If the deed says "tenants in... View More

The Will governs someone's probate estate which usually means all the assets that someone dies owning titled in their name go to whomever the Will says. Unless there was a separation agreement or new will, a Will does not automatically go away because of a separation. Instead, a planner... View More

Yes, generally planners identify preferred guardians in the Will.

Immediate family members (heirs under the Will and heirs at law) are automatically considered "interested persons." So if someone dies with spouse and children, those people are automatically interested persons. More remote family members may be interested persons if they stand to... View More

Generally speaking the laws of the place of the decedent's domicile will control. Estates with property in multiple jurisdictions can get complicated. It may be necessary to open an ancillary estate in Maryland depending on how the property was titled.

Under Maryland law, a person... View More

Your late mother's house can be sold through her estate by the personal representaive or after it has been transferred from her estate to the designated legatees or heirs by them. There are certain benefits availble to an estate to sell real property which is not available to individuals... View More

Whomever is still on the mortgage. Otherwise it is up to the estate of the deceased person to liquidate the asset and pay off the loan. The current owner may try a short sale, but if the property is in poor condition it is likely nobody can get financing.

Usually there can be more than one administrator of an estate. But you should ask your question on the North Carolina forum for information related to that state's laws.

As with most legal questions, there is generally not one correct answer for all circumstances, but is based on the underlying facts of that situation. If the personal representative moved in to your mother's home to preserve and protect it during the administration of the estate, that... View More

Assuming that your mother's reverse mortgage is federally insured, upon her death the outstanding balance of the mortgage becomes due, however, neither her estate nor any anyone inheriting from her estate will become liable for that debt. In your mother's case where there is no equity in... View More

Under Maryland law, a spouse can legally demand 1/3 of the deceased spouse's estate, even if they were left nothing in the Will.

However, a spouse cannot usually demand more than this 1/3. It sounds from your post that the surviving spouse seeks the entire estate.

Your... View More

If nothing has been distributed, this can be done by disclaiming an interest in the estate. If he is already on the deed, he could deed the property to the siblings living in the property. However, since deed transfers can trigger a variety of taxation issues it is wise to seek legal counsel... View More

Does the form have on it the location of the court and a case number? Contact the clerk of that court and arrange to have a copy of the file sent to you.

Perhaps you should have a full discussion with a local probate attorney.

A probate estate or the persons receiving under that estate may be subject estate and/or inheritance taxes. Due to the size of the estate and whose inheriting from it, there will be neither estate nor inheritance taxes owing. For estates of decedent's who died in 2015, no federal estate... View More

Your mother can only gift and transfer any property she owns if she is found to be competent to do so. This finding of competency is predominantly a medical decision and her treating physicians or a specialist such as a neurologist should evaluate your mother to determine if she is competent. If... View More

A spouse is not required to leave any assets to a surviving spouse under his or her will. However, if a spouse is disinherited or left a nominal amount under a deceased spouse's will then the surviving spouse can elect against the deceased spouse's estate and receive one-third of the... View More

All probate files are open for public inspection and copying, at the courthouse. Nobody will know you were there. You may also mail in requests for documents, with payment for copying costs.

Look to the Trust language as it should specify how (from what assets) the Trust should be funded. What you propose seems unlikely to satisfy the conditions of a Trust as the property would not be in the Trust if your daughter was simply added to the Deed.

If parents add a child's name to their deed as a joint tenant, and the parents later die, the child will be the sole owner of the house. Keep in mind that the other children might challenge the validity of the deed if they think it was signed under duress or when one or both of the parents was... View More