She is the executor of the will saying he will donate and not give to me I really need help and I really need help getting my trust cuz my uncle is trying to keep it from me and I don't know what to do
There is no reasonable way to evaluate your position without reviewing the trust document to determine the trust instructions and, potentially, formation issues and breaches of fiduciary duties. Schedule a consult with a qualified lawyer.
If you are a minor (under 18), then you lack legal capacity to sue in your own name, but require a legal guardian like a parent. If you are close to 18, you can just wait out your 18th birthday. The statute of limitations for filing a lawsuit on a cause of action that accrues before you turn 18,... Read more »
She wants to be relieved from the guardianship - how do you go about it?
She files a petition to resign, preferably simultaneously with another appropriate person petitioning to take her place, with the agreement of all other "interested persons" entitled to act as guardian under the statute. If there is no such person, then the court will have to appoint... Read more »
I'm in the process of applying for a divorce. My wife received a temporary protective order against me based on her false statement that i threatened her life on three separate occassions. At the court proceedings the judge issued a 12 month permanent order based on my wife's statement.
You do not state whether this was a separate court case from the divorce proceeding (e.g., a Petition for Protection from Domestic Violence under its own case number) or whether this 12 month protective order was issued in the divorce action under the divorce case number. The process you would... Read more »
Return them to their mother until I can get back into court? Can I be arrested for doing this?
This question really needs to be posed to a family law attorney, in private consultation, who can look at the custody order and listen to the facts related to the possible abuse to see if an emergency petition is in order. Violating an existing court order can indeed cause someone to be held for... Read more »
My mother passed and my sister is executor. I want to buy the house and mg daughter my be interested as well. My sister has said I cannot buy the house and my daughter can’t either because she doesn’t think it’s a good idea. The will only states that money from house sale will be split... Read more »
The executor is supposed to sell the house at fair market value to maximize its value to the estate. The executor can sell the house to anyone for that price, or at a lower price if all the heirs who are to receive a share agree. You do not say how many heirs the house is to be divided among.... Read more »
So let's start off with I was at 18-19 at the time. I didn't have a house nor a job unfortunately I was working but then I lost my job due to not being fast enough in a fast food restaurant. Lol "jokes on me" but anyways my grandmother called child protective services on me the... Read more »
A non-biological parent cannot have enforceable legal custody without a court order awarding it. Therefore, look for a court case in your grandmother's name awarding custody to her. Such a court order would have to be issued only by the circuit court in the county where the child resided (or... Read more »
I received full custody of my son in 2019 after his dad was arrested for choking him and other things, my son's dad went back to prison in September 2019 for attempted murder on police and has been in there since, sentenced to 14 years. His father has a long record of violent offenses and... Read more »
Yes you will need his signature. believe it or not, you will have to consent to your boyfriend adopting your son too. There is a process to go though. A good lawyer can guide you through this process.
We live in NC. My M-I-L lived in Maryland. Funeral director was informed not to tell us anything. Sister-in-law will not return any messages. What rights does my husband have?
Once an estate is opened, it is public record, and all proceedings and filings, including the Will, can be copied and obtained (they are available online, for download, through the Register of Wills' website, which has an estate search option you can search by decedent's name and county... Read more »
The deceased is my Ex husband who died in Jamaica(1 year ago). I live in the house that was willed to me for 12 years in Baltimore Md. I am 62 on SSi and cannot afford legal help. The Executor is the deceased's grown daughter who gave me documentation of death and the will and now will not... Read more »
You will need to speak with a lawyer and provide more details if you have them. For instance, has an estate been opened, and where? I cannot answer for Jamaica, but in the United States when an estate is opened the will must be filed and it, along with all other filngs in the estate (the... Read more »
ABDUCT CHILD/RELATIV IN ST.
If you received probation before judgment and it was not an alcohol related driving offense, you can get it expunged now. If you were a convicted, it depends on the nature of the conviction. Only certain convictions can be expunged. Consult with a lawyer.
Can I rent a room out without my sisters approval who owns the other 50% it hasn’t been transferred into both our names yet as my mom just recently passed away. Can she say no even when I will split the income with her?
Who is the personal representative of your mother's estate?
Or if she moves out can kids force sale of home?
You need to have a lawyer review the terms of the will. If a proper life estate was bequested to the wife, then she can remain in the house until she dies. Whether she can live elsewhere and rent it out to collect rental income and maintain control over it depends on the wording of the life... Read more »
Child’s other parent leaves them regularly to go bowling with an unknown teenager.
13 years or oder is the only specificity contained in the law. "Responsible" is meant to be vague, since there are some very mature and capable 13 year olds, as well as many irresponsible, careless and inappropriate adults. It also changes with the circumstances. For instance, you... Read more »
My current documents are as false.
I want to change my full name and social security number but wasn't birthed in state of Md(or know of actual birth)
You should attempt to explore every possible lead to determine where and when you were born in order to obtain a certified copy of your birth certificate. Do you know your mother's full name (including her maiden name if married at time of your birth)? Do you know the state of birth (or if... Read more »
do i have to file for full custody of kids before leaving or send him a text telling him we are leaving then tell him to call me so we make arrangements anytime he wants to see the kids.
I am sorry to hear that you are going through this difficult situation in your life. It is very important that you find an attorney with whom you can go into detail about this question given the different factors involved. It would not be wise to give a simple answer to such a very complicated and... Read more »
Currently, my ex husband and I have joint custody of our 2 daughters. It's been in place for 6 years, and has not been a problem, until now. We cannot agree on a certain medical issue and there is no agreement in sight. I need to change the custody agreement to me having primary custody with... Read more »
You need to either (1) come to an agreement with the other paent for a protocol or process to address and make decisions like this, e.g., sign an agreement to use a neutral parenting coordinator to act as intermediary to try and reach consensus, or agree to mandatory mediation sessions -- two... Read more »
Contact Maryland Volunteer Lawyers Services, Legal Aid, or your local bar association.
I am ordered to pay 50% over $250 of extraordinary medical. My ex sent me a bunch of receipts of nothing but co-pays ( for the month of Nov.) which for 1, doesn't even exceed $250 (total), and #2, are nothing but co-pays. Am I required to pay 50% of co-pays?
Yes, co-pays qualify as "extraordinary medical expenses" under the Family Law Article of Maryland, but only to the extent that they, together with all other qualifying expenses, exceed $250 per year. The text of the law is as follows:
Family Law Code, Section 12-201(g)... Read more »
It depends on the type of case, the issues, and what the hearing is for, which determines how much time is needed to prepare for it. A pre-trial scheduling conference takes no more than an hour or so of time, while a 2 or 3 day trial on conested issues can take 40 hours of trial preparation and... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
