I inherited a house in Maryland. The estate is in probate and I'm the executor and sole heir (I will be filling for modified administration). As I understand it, the house can be sold either by the estate or deeded to me first before the sale. For both options, when exactly in the probate... Read more »
You can amend the inventory value based either on the tax assessed value or an appraisal by a certified real estate appraiser (not just a real estate agent doing a valuation—must be a certified appraisal). The tax basis in the Property is fixed as of the date of death regardless of whether the...Read more »
Only had his name on it. His name solely on the mortgage, but home owners insurance both names. He had credit card debt for less than 5 grand. My mom still lives in the home and we are trying to secure it for her. If we pay the credit card debt will this help or hinder the process. We just want the... Read more »
If the souse was purchased during the marriage, you can file a corrective deed by presenting the marriage certificate and the death certificate of the title holder and preparing the deed. That's sometimes helpful in keeping the title clean. If she was not married at the time of purchase, the...Read more »
I need to attach my disclaimer to the bottom of this answer, because there is a teeny tiny chance that this advice will be wrong for you, but in 37 years of practice it hasn't been. I have seen bond called in a case exactly once in those 37 years. Other than that weird time, it is a protection...Read more »
It depends on the Survivorship Clause of the Will. The murderer is, of course, excluded, but his heirs are not. If the Will contains a fairly common clause that defines a person as predeceased if they die within 60 days of the testator, then the murderer is considered to have pre-deceased. If the...Read more »
Can I write a check to my 2 year old grandson in his name. Of course, his father would have to endorse it. Would he have to set up a new account for the child?I recall getting a check as a child and it read pay to the order of my name (minor).
Maryland law allows for minors to hold funds in special accounts under the Uniform Gift to Minors Act. Such accounts have the minor's name PLUS an adult "custodian" who acts on behalf of the minor until they reach majority. The funds belong to the minor but the adult can make...Read more »
All estate assets are included in the accounting and the gross value of the estate. If the CDs (Certificates of Deposit, I assume, and not compact disks) have named beneficiaries on them then the CDs pass directly to the beneficiary and are not part of the estate or included on the accounting or...Read more »
A simple will is the cheapest most reasonable flat fee most lawyers charge, so please go to a lawyer for this basic necessity and insure that not only the will itself meets the necessary requirements to be legally valid, but also that the will actually distributes your assets how you would want....Read more »
On the line for what property I want to leave them, is there a certain wording for "half of assets" or 50%? Or should I leave that line blank? I don't necessarily need to leave each of them each anything in particular. It would basically be the house and everything in it. They will... Read more »
The “proof of execution of will” form is signed by any person who was present and witnessed the decedent sign the will, including one of the person’s who signed as a witness. The space for the lawyer signature is only there if the Personal Representative of the estate retained a lawyer to...Read more »
A lawyer would have to look at both documents. A will requires two witnesses, and agreement can be signed by just the parties to the agreement. The will would have to specifically reference the agreement if it was to be given effect in place of or as part of provisions in the will.
It depends on the facts, but one might look to the provenance of the signature using a handwriting expert or the circumstances of the signing. I had one case where the signature was attacked by investigating the notary seal, which turned out to be forged. There are many sets of facts, and it is the...Read more »
So, assuming you were still the personal representative of the estate throughout the time the estate lawyer charged fees, then the lawyer was supposed to petition the court to approve payment of his fees from the estate. A PR has authority to retain estate counsel, and in addition, petition for...Read more »
If both you and your wife have durable general powers of attorney in place that are drafted in accordance with the updated statutory requirements during the past decade, then it is easy and no trouble at all. If you do not, somebody will need to hire a lawyer and petition the court to be appointed...Read more »
it says: " Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is... Read more »
For many years the statute required that landlords return at 3% interest, even if they were earning 1/10th of 1%. This law was changed in recent years to be somewhat more reflective of current interest rates and more favorable to landlords because it cut the minimum interest in 1/2....Read more »
Not sure what you mean by "paid to do so now." If you want to sue a sitting judge, you cannot sue for judicial acts in most cases as judges enjoy immunity. If you are asking whether you can sue a judge in the capacity as an attorney, the answer may be yes. But you may also be well outside...Read more »
It is not possible for any attorney to predict what someone might inherit in the future from a now living former mother-in-law because that person could change their estate planning anytime until they die.
In the event that any property is at some point disbursed in the name of your late...Read more »
I am administering the estate for my father-in-law and I was named as the executor in his will. PG County granted me special administrative rights so that we could complete the sale of his house. The house went under contract before he passed and sold after he passed -- his will states that his... Read more »
Your father-in-law became the sole owner of the property when his wife died (assuming, as is normal, he owned the house as "Tenants by the Entireties" with his wife). When he died, ownership of the house immediately vested in the estate, meaning the only person authorized to close on the...Read more »
I would like to please know how unique this situation is where the personal representative went through probate 17 years ago, closed it and now wants to sell the house in 2020 and it is still in closed status. She has filed an updated letter of Administration. She has not taken the deceased... Read more »
It's going to take a bit of time, particularly if the property is in PG County. The quarantine has hit the Recorder of Deeds fairly hard, and the backlog seems to be a couple months on recording. The Register of Wills Offices across the state are closed and documents are being filed by remote....Read more »
A gift tax return should be filed by Person B for the gift of their interest in the property to person A, but at person B's option, no estimated gift tax need be paid at this time, since the amount will be added back into Person B's gross estate when Person B dies for purposes of...Read more »
My other uncle how is my grandparents estate going to be split up now grandparents house was left as a third my dad and 2 uncle's got a third how is it distribution now since my dad's died no will and my grandparents have both passed away
Sorry, your question is far too confusing as to specific facts (and punctuation, which is creating a lot of ambiguity). A lawyer will need to know the order of death for each person who has died, as well as a better description of the terms of your grandparents' wills (specifically, whether...Read more »
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