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 beneficiary designation on the bank account controls, regardless of what the will says. The will only controls assets in the estate. By definition, any asset such as a financial account that is governed by a contractual agreement between the decedent and the financial institution, that by its... View More
No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?
answered on Nov 19, 2022
No, the estate is split 4 ways "by representation": one-fourth share to the surviving sibling; one-fourth share for each deceased sibling who left surviving issue (children, grandchilden, etc.), which is further divided in equal shares among that deceased sibling's children.... View More
No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?
answered on Nov 18, 2022
If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... View More
Do I have rights upon my mothers death as a heir
answered on Nov 11, 2022
It would depend on the deed language. Two people (including a parent/child) can own property together with or without survivorship rights and the mere fact that the word "heirs" is in the deed doesn't tell the whole story.
Everyone has already appeared in Orphan's court and agreed to the administators. Bit now one person is refusing to sign the approval papers. Can the court make everyone proceed with probate?
answered on Nov 11, 2022
The Court does not need everyone's consent to "proceed with probate". Consent may affect whether or not the appointed person needs to post full or nominal bond.
The law sets an order of priority for people to serve as Personal Representative. When multiple people with the... View More
Everyone has already appeared in Orphan's court and agreed to the administators. Bit now one person is refusing to sign the approval papers. Can the court make everyone proceed with probate?
answered on Nov 10, 2022
Your question says you are in DC, but it is posed as a Maryland question, and I am going to guess the estate is filed in PG County, because, even though it's called Orphan's Court formally, in Montgomery, the hearings are in the Circuit Court by the Circuit Court bench, so laypeople never... View More
Montgomery county, only assets are in financial accounts. Valuable property was divided among children and charities before his death. He is to inherit money from his sister who died in 6 weeks prior to his death
answered on Oct 25, 2022
In Maryland, the way you get Letters of Administration is by filing a Petition for Probate. That opens an estate. If the assets are all in non-probate assets, they get listed separately in the Information Report.
I am a beneficiary, and I’m being told that I have to wait to receive any money until the account is closed. And that unless I sign over my rights to property to sell it that it cannot be closed. If I sign over my rights to the property they will close the estate and then said I would get any... View More
answered on Oct 20, 2022
If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own... View More
The life insurance policy was outdated and my father who passed away was the named beneficiary. It went into my mother’s estate. All creditors and debts have been paid and the only thing pending is selling the house.Can the money be distributed before selling the house?
answered on Oct 20, 2022
Partial early distributions are permitted, but not required, so long as the estate is otherwise solvent an can pay all administrative expenses, fees and debts of the estate. An heir, however, is not entitled to an early distribution, and there is no basis to compel the PR to make an early partial... View More
My moms well stated that my dad is to be her agent but if not that my sister myself or my brother Can be. My brother past away and I wasn’t included in the “PR”. Only my sister was. She has donated some of my mom’s vehicles paid off her truck and is in charge of all the accounts. I wanted... View More
answered on Oct 20, 2022
You need to have a lawyer review the will, the inventory and the accountings filed in the estate, before any useful advice can be provided. The estate may not have the funds to maintain the house (mainenance, utilities, property taxes, homeowner's insurance, mortgage, etc.) for five years, so... 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.
grandma died in 2017. dad and cousin are to split proceeds from.sale of house. executor, dads brother, haa not put house up for sale. what can be done to force him to sell the house?
answered on May 28, 2023
Retain counsel. Petition for Order to Sell or, in the Alternative, Replace PR for Self-Dealing.
The reason my case has not been heard is because of conflicting legal advice that I received on justanswer.com. Based on the petitions the lawyers are filing against me, the one that told me to serve the petition on everyone was wrong. What do you do when the court makes decisions that violate the... View More
answered on May 26, 2023
Unfortunately, this may be a situation in which you need to get an attorney. The truth is that getting an attorney is costly, but not getting one is even more costly. There are certain legal matters that can be handled without an attorney, but based on what you have said so far, this likely is not... View More
I am a beneficiary of my mom's trust along with my siblings. My mom's estate is in Maryland. Am I entitled to know the value of each account, investment, stock, property (each asset that will be liquidated), and either the dollar amount or percent given to each beneficiary?
answered on Feb 5, 2023
You are entitled to a copy of the trust and an annual accounting of the transactions and investment experience of the assets of the trust.
Decedent was a Maryland resident and died testate. The surviving spouse elected to take the 50% elective share. The spouse had no interest in the decedent's real estate.
answered on Nov 10, 2022
If the property was an asset of the estate, then the elective share applies.
Nothing is in writing. We just want to know if the executor is telling the truth based on what the wheel says they won’t show us the will. Do we have a next step.
answered on Oct 14, 2022
His oral promises before death are not sufficient. The bequest needs to be spelled out in the Will. The Will must be filed in the probate estate when the estate petition is filed. Until the estate is opened and the executor receives Letters of Administration from the court, the executor has no... View More
home without transferring the loan?
answered on Oct 1, 2022
Yes, the property can be deeded through the estate to the minor children, and the lender on the mortgage may not accelerate the loan or declare the loan balance due, but must accept continuing mortgage payments made on their behalf; however, the mortage lien remains on the property, so nonpayment... View More
answered on Sep 21, 2022
Anyone not named in a Will gets nothing if your will specifically names those whom you want to receive your estate. The only exception is the statutory right of a surviving spouse (married at time of death) to elect one-third of your estate regardless of what your will says. If you are concerned... View More
He is a very ruthless attorney but presents well. He has been unresponsive to her care team and myself for replacement hearing aid at one point (which I had to fight for), he is not authorizing additional care for a fractured elbow and has instead suggested things like giving her sleeping pills,... View More
answered on Sep 8, 2022
Why is there a trust? Who created the trust? How was the trustee appointed? Is this a court appointed guardian as opposed to a private trustee? What is your evidence supporting your claims that the attorney and his family have taken funds for their personal use? (If this is true that is a crime--a... View More
My dad's in his late 80's in NY. If he needs medicaid to pay his care, can my disability (I'm on SSDI), age 60 in MD) be used to pass his savings to me, so our family can keep it? Is it just an exemption for a house or for other assets too?
Where can I find the gov'ts... View More
answered on Aug 25, 2022
Your father would need to seek out an elder care lawyer to map out a strategy to protect his assets from counting towards Medicaid eligibility. Your disability is irrelevant and will not shelter his assets. He would need to get his assets out of his name five years before applying for Medicaid if... View More
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