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... View 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... View 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.... View More

I give to my daughters, DAUGHTER 1 and DAUGHTER 2, in as equal shares as possible, my principal place of residence and any real property that I may...

I give the balance of my personal and household effects, automobiles and other tangible personal property to my daughters, DAUGHTER 1 and... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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.... View 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... View More

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... View More

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answered on Oct 24, 2020

You should schedule an appointment with an elder law attorney. There is more than one way to do this. There is no one-size-fits all solution. A personal consultation is needed.

You are legally allowed to direct a gift or inheritance into a special needs trust, without receiving it directly yourself. You can have such a trust created when the time comes to receive the inheritance, or if one already exists, you can direct the funds into the existing special needs trust. Not... View More

It is not clear to me from your description exactly what the issue is, and you will need to discuss this with a Maryland lawyer. I assume what you are saying is that the estate consists of this older property, plus other cash assets. You initially ask if you can perform mold remediation before... View More

You may want to post the question under California, not Maryland and/or reach out to a California barred attorney. Real estate law varies from state to state and a Maryland attorney cannot answer the question about a transfer of California property. Presumably California like most states... View More