My mum passed away leaving only a car with a trade in value of $17000. The car has been paid off by credit insurance but the bank has reposed the car and would not release it to me until I prove am authorized to be given account information. I am the only imediate family member residing in the... Read more »
Contact MVA. Call Center- 410-768-7000. Email- MVACS@mdot.state.md.us. I believe Maryland law allows an expedited change of car title at the MVA by producing the death certificate and whatever else they need to show you are next of kin. It's not something lawyers tend to get involved in resolving.
Need more facts. Did he have a will? How were his assets titled? We’re there “transfer on death” beneficiaries on any financial accounts? Did he have children? Are any of them minors? His spouse has statutory election rights even if there is a will and she is left less than what her statutory...Read more »
My mom passed away and a year before she passed her and I got a joint banking account together. Now that she has passed my sister is taking me to Court for the money in the account. How can she do this when I have survivors rights to the account and it's not part of the estate. She's saying I... Read more »
You are probably on solid legal ground, but anybody can sue anybody whether they can prove the legal right to win or not. Injunctive relief is permitted when there is an immediate irreparable harm that will occur if the court does not issue an immediate temporary order to stop another party from...Read more »
My father married my stepmother in 1987. He passed in 2011 while they were still married. My stepmother ended up selling the home that she and my father lived in before his death to her daughter (my step sister). My stepsister, in turn, sold the home a few years later for a nice profit. My... Read more »
Yes, by all realistic scenarios, there is no inheritable estate left, assuming the absence of fraud. Your stepmother could not have sold the house and transferred title to her daughter without having sole title herself, either as joint tenant with right of survivorship on the deed, or by a will...Read more »
Estate is being sued by surviving spouse for 1/3 of value of the family farm that was premarital asset (in fam for years). The property is owned f&c now but was used as collateral to purchase other assets/property that created financial gain/property & assets that the surviving spouse has already... Read more »
There is no way to evaluate this competently from your incomplete description. You need an estate or probate lawyer in the state where your father resided at the time of his death. Spousal share cases are complex and often fact-dependent. In other words, the facts you described may or may not...Read more »
The just debts of the decedent must be paid out of assets of the Estate, before distribution to the heirs. So, the house must be sold or refinanced to pay off the credit card debt. This can be wrapped in with the sister disclaiming her interest (if she doesn't want the value of her interest),...Read more »
Generally speaking, wills valid in the state of original domicile remain valid if the planner moves. A will may become void in some cases of changed circumstances, such as if a planner both marries and has children after creating their will, but a valid will does not become "void" based solely on...Read more »
My mother passed away last year and I was placed as the PR. I handled all her debts and creditors but, did not file the first account. Due to the delay in filing, there was a hearing (without my knowledge) and I was taken off as PR and a lawyer was placed in. He wants to sell the real estate... Read more »
My uncle is a fiduciary to my sons trust fund. The fund was created when my mother passed. We have never seen an accounting of the money. How do we find out what's going on with the fund? He is not returning phone calls or emails or snail mail in regards to this matter.
Your uncle as trustee of a trust for the benefit of your son is required to provide your son or, if he is a minor, his parents with an accounting of the trust assets. Unfortunately, since your uncle is refusing to communicate with you, your son or you will be required to institute litigation...Read more »
My husband died without a will. All our "known" assets were joint owned so we did not see a need for probate since all he had went to me as surviving joint owner. I need some documented proof of inheritance to claim & sell some previously unknown property out of the country inherited by my... Read more »
There is no statute of limitations on filing a probate. I've filed DC estates that were over 20 years old. Your biggest problem may be that $30,000 was more than a small estate 21 years ago in Maryland, so I think you need to file a regular estate, and the procedures last millennium were less...Read more »
everything, however, I found a claim in MD via the unclaimed property unit. I received a check made payable to the estate of my father care of me (the PR). How can I cash that check so I can pay the distributees? Check is for $102.86
My wife's brother administers her trust fund in Maryland, but we live in another state from him. Recently, she feels he is not administering it properly and that we need legal assistance. Her brother has stated that the trust fund will not pay for a lawyer if we do. The fund is her only income at... Read more »
If you hire a lawyer and succeed in getting a court to replace her as trustee, at that time the trust will most likely have the right and ability to reimburse you for your attorney fees. But if you lose, you bear the expense.
By law, the house is solely his, regardless of whether he retitles it into his sole name. If he dies without a will, his stepchildren (unless legally adopted) will not inherit any part of his estate. The only way you as stepchildren can inherit property of his estate is if he drafts a will and...Read more »
I’m from GlenBurnie Md and In my fathers will he left the house to my mom and me so I guess her and then it goes to me when she passes??? If my name is on the deed can I live in that house with my wife and children without being thrown out now sense I’m 41 and technically it’s part my house????
A lawyer would have to look at your grandfather’s will to ascertain how the house was to be distributed to you and your mom, as well as review the deed to the house to see whether it was titled in accordance with your grandfather’s will. Assuming that your name is on the deed together with your...Read more »
Probate estates are opened in the jurisdiction where the deceased person died. You can find out whether an estate has been opened by contacting the Register of Wills (or going to the Register of Wills' website and performing a search with the deceased person's name).
I live in Maryland so I know I would need to go through probate court. Our parents are deceased and she had no children. If granted by the judge would the lender just let me assume the mortgage or would the check my credit and make me refinance. I really want the house to stay in the family but I... Read more »
Actually, you would not need to assume the mortgage. There is a federal law called Garn St. Germain that allows you to retain the property as an inheritance without the lender accelerating the debt under its due on sale clause or performing any other underwriting. Obviously, each estate is fact...Read more »
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