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 8, 2023
Yes, one would generally want to update the deed itself to preserve rights in the property. Otherwise if the spouse owning property predeceases the property would go through their probate estate and then it would require asserting claims against the estate. Doing nothing to outline the rights now... 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?
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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?
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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
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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 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
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answered on Jun 20, 2023
The best way to ensure what you leave to your mom ends up going to your mom instead of your stepfather is to use a Trust as your primary planning tool. If you add beneficiary asset protection provisions to that Trust, your mom could leave her share of your Trust property in the Trust and enjoy the... 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 7, 2023
You may only have a future interest after your father's widow (your mother?) no longer is residing in the house. You have no present rights to enforce, unless it has to do with an accusation that your father's widow is causing "waste" to the property (e.g., not paying the taxes... 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
answered on Apr 23, 2023
You have no control over what someone puts in their will. However, anyone can decline to accept appointment as an executor. Just because someone names you their executor does not mean that you have to accept it. If you refuse the honor, someone else may petition to be appointed or the court will... View More
The 2 siblings (parents of the beneficiaries) pre-deceased her. Her 3rd sibling is still living (her sister). She did not leave anything to her 3rd sibling (her sister) or her children.
The children of her living sister are threatening to contest the will. Can the nieces and nephews of... View More
answered on Mar 23, 2023
The children of the living sibling of the decedent do not have standing to contest the will because they would not receive any part of the estate even if they prevailed--only their mother would if the will were set aside.
If the living sibling granted a power of attorney naming someone... View More
My wife and her son bought an additional rental property with the deed in their names. What are the tax considerations of leaving that property separate from the trust vs transferring the deed to the trust. Her son is the executor of the revocable trust.
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answered on Mar 4, 2023
The tax considerations of leaving the rental property in your wife and her son's names versus transferring the deed to the revocable trust will depend on several factors, including the ownership percentage, rental income, and capital gains implications. Here are some general tax... View More
answered on Mar 4, 2023
Yes, they can live there through probate, so long as the PR permits it (or the Will directs that they may). Are the contents of the house also going to the two children in the home, or are other persons receiving some of those contents? Until the house is distributed by deed to your two children,... View More
answered on Mar 2, 2023
You need to discuss your situation with a lawyer. There are way too many unanswered questions. Is the home free & clear? Are there other heirs? Will the two heirs share it equally and get along in it? Do you want them to have the house or the proceeds from the house?
The short, and... View More
Maryland probate estate value is $10,000 or more.
Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More
answered on Feb 22, 2023
I agree with Ms. Laumann in almost all respects. I've never seen or heard of nominal bond being waived by prepaying taxes or probate costs. I believe that is because the nominal bond also covers potential unfilled claims of creditors, but I haven't researched that in a really long time.... View More
Maryland probate estate value is $10,000 or more.
Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More
answered on Feb 22, 2023
In a word, yes, even where a Will waives bond the Register can still require a nominal bond to cover anticipated inheritance tax and other court fees.
Wills almost always waive the bond requirement for monies going to people who may inherit. However the government doesn't... View More
Good Evening,
My mother who receives medicaid and SSI saved up assets due to the fact that she moved into subsidized housing which only charged her 200 a month for rent. She currently has about 10k saved up in her account which is over the asset limit and I'm trying to spend the money... View More
answered on Dec 25, 2022
You may find this article helpful, although it is a bit dated (2011) and laws change:
https://www.specialneedsalliance.org/the-voice/utilizing-the-spend-down-option-to-maintain-ssi-andor-medicaid-eligibility-2/
To clear the whole amount you might purchase a special bed for her, one... View More
If a person dies and names a beneficiary on a bank account that is different than what is in the Will, does the Will take precedence or do you have to take that person to court if they don't hand over those funds as it is laid out in the Will?
answered on Dec 8, 2022
The Will only controls assets the deceased person died owning.
With a beneficiary or payable on death designation, the title is transferred automatically to the beneficiary when the original owner dies (though practically the beneficiary may need to show the death certificate to confirm... View More
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