Get free answers to your Estate Planning legal questions from lawyers in your area.
My father is mentally unstable. He would have doctors comit him to have his attorney have him released, for a large fee. My father died because the doctors and family was afraid to authorize treatment for a infection. His attorney is is sole benefactor in his life insurance and will. Isn't... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024
It's not inherently illegal for a lawyer to be named as a beneficiary in a client's will or life insurance policy, but this situation can raise questions of undue influence or conflict of interest. If your father's mental capacity was in doubt, there could be grounds to challenge the... View More
I have signed documentation from my mother while she was alive that my daughter can live rent free in her house if she pays bge/oil. My mother has passed. My sister and her lawyer are demanding rent be paid to the estate. Is that legal?
answered on Dec 20, 2023
An attorney cannot realistically answer questions pertaining to someone's specific rights in property based on unknown documents without sitting down and looking at the documents in question.
That said, it would generally be "legal" for an estate to ask someone occupying... View More
answered on Dec 15, 2023
There is no way to absolutely "guarantee" what people will do after one's death but taking the following 2 steps will make it more likely that final wishes will be honored:
1) pre-pay your expenses. If cremation and/or funeral arrangements are made while living and prepaid,... View More
She is the only person that’s paid into the mortgage. She has 6 children one is deceased, 5 living. When she passes away she wants, after the house is sold (it’s already paid off) the money to be split evenly between the 5 living children and the the portion that would have went to her deceased... View More
answered on Dec 7, 2023
One option is to re-deed the house into her sole name. That would require the cooperation of the two children on the deed with her. Draft her will to distribute the house as she intends. By doing this, all her children would benefit by inheriting the house with a stepped-up tax basis equal to the... View More
She is the only person that’s paid into the mortgage. She has 6 children one is deceased, 5 living. When she passes away she wants, after the house is sold (it’s already paid off) the money to be split evenly between the 5 living children and the the portion that would have went to her deceased... View More
answered on Dec 7, 2023
There are a variety of planning tools someone can use to name beneficiaries while keeping power to freely change those designations. Perhaps, if your grandmother got good advice, the deed is a life estate deed with full powers still vested in the planner. If so, she could change it freely by a... View More
Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More
answered on Dec 5, 2023
An online post cannot fully answer specific questions about a specific estate, but generally speaking one way or the other the mortgage needs to be paid and in nearly all scenarios this legally is treated as an estate expense.
If an estate lacks liquid funds (cash) to pay the mortgage,... View More
Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More
answered on Dec 5, 2023
Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The... View More
Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house
answered on Dec 5, 2023
When a house has a mortgage on it, the mortgage will need to be paid one way or another. Either the estate will pay off the loan with other cash and deed the house free and clear, the house will be sold and the loan paid at closing or the house will be conveyed to heirs "subject to" the... View More
Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house
answered on Dec 5, 2023
It might be easier for you to think of this a different way. If the course was inherited by both sister, each has the right to use the undivided whole, and either has the right to demand that it be sold and the proceeds after paying off the mortgage split. If you cannot reach another agreement,... View More
Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house
answered on Dec 5, 2023
"inheritance" doesn't mean the bank loan is forgiven. It must be either paid off from Estate funds, or refinanced by the person inheriting the property. A "quitclaim" deed (one without the usual warranties of title) means the mortgage lien/loan obligations of the dead... View More
I'm thinking about setting up a trust but don't know anyone I want to trust to be a trustee, so I'm looking for options. I've heard that trust management services are expensive and primarily for the wealthy. Would appreciate suggestions.
answered on Nov 30, 2023
This question comes up quite often.
Most of the time the person making the trust will be the initial trustee and designate others to serve after their death or incapacity. Whether hiring a professional trustee is feasible or not depends in part on how long you want/need trust oversight.... View More
Our prenup gives me a life estate if my husband predeceases me, assuming I continue to pay the mortgage. Do we need to record notice of the life estate?
answered on Nov 3, 2023
Your prenup is statement of intention. Only a recorded deed can pass an interest in land, or create a life-estate. For years our Firm has litigated this issue because the family law lawyers often don’t know how to handle the real property side of a separation agreement. It’s not hard, but it... View More
Does a parent have to have to meet a certain criteria in the state of Maryland to be trustee of a first party special needs trust in Maryland?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023
In Maryland, a parent can serve as the trustee of a first-party special needs trust for a minor, subject to court approval and specific legal considerations. This includes demonstrating that the trust is in the minor's best interest and complies with state law. As a trustee, whether a parent... View More
The trustees are refusing to provide account statements for that time period. Can I petition for a full accounting for 1997-2006?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2023
Most if not all of those years will have busted the applicable SOL. Hire a competent MD attorney to sue for conversion, breach of fiduciary duty and an accounting. Try to toll them as much as you can. The other beneficiaries are probably defendants also, which will put pressure on the trustees... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023
In Maryland, the utilization of insurance proceeds from a totaled vehicle within an estate necessitates careful consideration of various factors. The appointed estate executor or administrator typically holds the authority to manage the estate's assets, including insurance payouts, adhering to... View More
based on the FMV. I am paying cash, no loan needed. I am wondering the pros/cons of either (1) transferring the property into our joint names first, then completing the buy-out after the estate is closed, or (2) doing the buy-out through the estate, then we distribute the house/funds accordingly.... View More
answered on Aug 31, 2023
Thanks for your post. One beneficiary/heir buying out the other(s) presents a fairly common scenario.
When an estate has enough other liquid assets, then to eliminate transfer taxes it often makes sense to distribute the real estate entirely to the child who wants to acquire it and... View More
answered on Aug 8, 2023
No. Only what is written in the will, to the extent it is legal. Verbal wishes may be carried out in the discretion of the PR to the extent that the heirs are not harmed financially, or they do not object.
answered on Jun 13, 2023
Generally speaking Maryland law does not give anyone the right to demand an inheritance going to anyone else, even their spouse. That said, depending on how planning documents are drafted and order of death, sometimes people do wind up with an inheritance intended to go their spouse.... View More
In the Will, he states, "I give and devise unto my wife my real estate [home address] for the remainder of her natural life, or until she shall decide to reside elsewhere on a permanent basis, or until she shall remarry...she shall pay all maintenance cost, insurance, and property taxes at her... View More
answered on Jun 5, 2023
Hi and thanks for posting a real estate question.
The first variable is whether your father's wife is still living. This appears to be a life estate to your father's wife, with the life estate ending if the life tenant moves out or remarries.
You describe a position... View More
My boyfriend of 10 years passed away April 1. He told me in 2020/2021 he had done a will & it was with his papers at his shop. He told me who the executor was & that his son wasn't to get anything. It was not filed with register of wills
I believe his son found the will.... View More
answered on May 31, 2023
Have you checked with the executor to see if he has a copy of the Will, or any correspondence regarding being named executor? Do you or anyone you know have access to the shop where the Will supposedly was stored? Do you know who he named as beneficiaries under his will?
The purported... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
