It is not clear whether your post refers to a witness' signature or the person allegedly making a will. If a document is presented as a will when it is not (either due to forgery or other reasons), the heirs have a right to challenge the false "will" by a caveat.... View More

Generally by filing in District Court to evict. An exception would be if the will grants the people living there the right to stay or if they are bona fide tenants, in which case the estate would collect the rent and act as landlord until the lease terminated.

It all depends.

She may have automatically obtained full ownership of the house through rights of survivorship or his will may have left it to her. If you have concerns, determine if he had a will. Also, deeds are public records. Check with the county land records where the house is located.

Probably not. It is irrelevant if he earned his money before he was married. Also, if the children are all grown now and he chose to make the wife the beneficiary on the 401K, it is a valid decision unless he was not of sound mind and body when he made her the beneficiary.

This is the same... View More

It depends. Was the transfer pursuant to a Will? Then the Will may have an age. The statutory age may be different. Wills often incorporate the statute, but change the age. YOu may always ask the trustee, or come visit us with the documents. www.youngandvalkenet.com

Yes. (The only reason to open an estate in MD is if the decedent was domiciled here or if there is property in the state of MD).

Schedule B identifies the assets of the person who died, in other words what they owned at the time of their death. It also lists all creditors the deceased person owed money to.

The original trust documents cannot be simply edited once they are signed. However, depending on the type of trust and any prohibition or limitations on amending the trust documents, you may be able to draft a new document entitled "Amended ....." Check with the attorney who drafted the... View More

Maryland recognizes two types of Guardians - guardians of the person & guardians of the property. A basic Power of Attorney should give the person you designate full authority to manage financial affairs without the expense or hassle of guardianship proceedings. Similarly an advance directive... View More

Maryland law recognizes many types of valid trusts. These range from revocable living trusts to marital testamentary trusts to special needs trusts, annuity trusts, so forth and so on. It isn't clear from your question what type of trust you are attempting to create or for what purpose.... View More

No. Assuming the children are not minors and that no separation agreement or other contract promises to name them as beneficiaries on an insurance policy, a parent in this state is not legally obliged to leave anything to their children.

It isn't clear whether you are talking about the personal representative getting a commission or getting a share of the estate as a beneficiary.

A personal representative is generally entitled to a commission but gets this money after either the court or the beneficiaries agree to the... View More

The facts surrounding your question are unknown but no one except a spouse has a legal right to demand anything not given in a last will & testament. Children and other heirs at law do have a right to see all probate filings, including seeing a copy of their family member's will after... View More

I am sorry to hear of your mother's passing and the family tension. Yes, whomever is appointed as the personal representative must divide up all property in accordance with the will.

Yes, the PR needs the current mailing address for all interested persons/heirs. While I cannot... View More

You may need a lawyer to assist with probating the estate, or to help settle matters related to the assets in the estate. You may use the decedent’s lawyer, or the lawyer who drafted the Will, but unless the Will directs the personal representative to use that particular lawyer, there is no... View More

If you are referring to appointment over a deceased's estate, this is done by filing a petition for appointment as Personal Representative. Generally there is no "temporary" appointment, rather the PR serves until the estate is concluded, though it is possible to serve and later... View More

A POA has no validity after death and the Personal Representative should have information about all property titled in the deceased's name at the time of his/her death.

If your question deals with foreclosure, once a substitute trustee sells property at auction, the court must approve or "ratify" the sale. At that time the purchaser at the foreclosure auction may move for possession of the property or to evict the residents. Note that changes to the... View More

A trustee should manage any property held in Trust, while the Guardian of the Property should manage any property held in the individual name of the disabled person.

If the deceased did not name anyone in the will to serve as PR, then yes, a surviving relative has priority to serve.