The first question I’d want answered is, what is in the name of the trust? If he owned anything in his personal name, then those assets do not pass in accordance with his trust, but by intestate succession, so that would mean divide six ways. Only those assets titled in the name of the trust are... View More

Managing a decedent's estate is not like following a recipe to bake a cake. If you are not going to hire an estate lawyer, then you need to download and read all the brochures on estate administration available on the Register of Wills website, as well as make appointments with the ROW to... View More

No. The bank balance is the dollar value, obviously. An appraisal is for real estate or valuable items of personal property such as cars, boats, high end jewelry, expensive artwork, etc.

A lawyer would need to review the successor trustee and appointment provisions of the trust to properly advise you. You should not need a court proceeding at all. The "any interested person" default language is likely there in the event the person identified as having the power to... View More

Use Kelly Blue Book, www.kbb.com, private sale value.

There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract... View More

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answered on Sep 2, 2021

Everything my colleague Ms. Laumann recited about the advantages of trusts is correct. I would also add that trusts avoid probate, which is a time-consuming, frustrating, public and expensive court-administered process. For some clients, that is the MAIN reason for creating a trust-centered... View More

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answered on Aug 25, 2021

Because you told the lawyer you no longer need her services, she probably now needs to petition the court to permit her to withdraw from the case.

The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since... View More

You are not an heir at law, so the siblings cannot simply disclaim their interests because disclaimers are treated as if they had predeceased your girlfriend, and that would not result in the estate assets going to you. However, if you had a legal claim against the estate based on contributions... View More

Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or... View More

Unless the house will sell for less than $50,000, then it is NOT a small estate, but a LARGE estate. The PR does not need court approval to sell real estate. The PR needs to have ben appointed by the court to act as PR, which occurs when the court issues Letters of Administration naming you as... View More

No. How the Will is drafted determines what becomes of his share, whether it goes to you, someone else, or whether it lapses. If the result is not what your mother would want, then she can change it. If your mother is no longer competent to make a change, then the Will stays as it is.

"She got the house after he died." How? By the terms of your grandfather's will? If so, then your grandfather's estate needs to be reopened so that the deed can be transferred from his estate into the names of your grandmother's heirs/legatees. If your grandfather died... View More

I am assuming that your father died without a Will, otherwise that would control. If there was no Will, then the estate is split three ways, one equal share for each of you, your sister, and your nephew, unless your brother was either (1) not the biological child of your father, or (2) was not... View More

Assuming the checks are for periods of unemployment prior to her death, yes, you are authorized to accept and deposit the checks into an estate account (opened in your name as Special Administrator of her estate). However, you may need to have the checks re-issued in the name of the estate, or... View More

Open the estate in Florida. You will need a certified triple seal copy of the proceeding and appointment as executor/personal representative. You then file a foreign personal representative petition to set inheritance tax (there won’t be any if spouse or lineal heirs like children will inherit)... View More

A nonlineal heir (and non-spouse or sibling) of an estate, such as your nephew, will have 10% of the value of his bequest withheld for Maryland's inheritance tax. This tax applies to assets that pass through your estate as well as to jointly owned assets. and assets that are in your name and... View More

If your mother is mentally competent and the terms of the will and power of attorney express her intentions, then your mother is free to do as she pleases with her assets as well as grant anyone she elects to act on her behalf during her lifetime to carry out decisions for her benefit or as she... View More

If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.