The title company is going to want either a release of lien filed by the personal representative of the estate of the individual lender, or a court order declaring the lien paid/satisfied/released. For a court order, you are going to have to file an action to quiet title. If you cannot wait to... View More

Mortgage liens are not considered “satisfied” unless either a formal Release is filed or more than 12 years have passed since the maturity date. While it is possible to file a lawsuit to “quiet title” when it is impossible to get a release, there is also a much easier legal mechanism that... View More

Your legal assumptions are wrong. The lien has not disappeared. The title company and its insurance underwriter may require that someone open an estate for the deceased individual. On the date he died, the loan became "property of the probate estate." You still owe, you just don't... View More

As other lawyers mentioned, any property titled in your dad’s name will usually need to go through probate. The probate process in Maryland can take a full year (sometimes longer). That said, sometimes co-ownership has automatic rights of survivorship, which does NOT need to go through... View More

First, you need to know how the property is titled. There are two options: (1) joint tenants with right of survival; or (2) tenants in common. A lawyer can look up the deed in the online Land Records database to determine how the property is titled. It must specifically state tenants in common if... View More

Surviving family members have zero obligation to clear out an apartment they were not living in when the tenant dies. (And certainly not a former spouse). A court appointed Personal Representative would have this obligation but your facts don’t describe that either you or your son were appointed... View More

Not if your father died before his sister died. In that case, the only estate that needs to be opened is the one for your deceased aunt whose assets are being distributed. As heirs, all you have to do is wait to receive your inheritance, which will be paid to you by the Personal Representative of... View More

Only the Personal Representative of your mother’s estate can access and take possession of the contents of your mother’s safety deposit box. If she had a Will, it should name the person who is to act as PR. That person should fill out the forms for opening the estate and make an appointment... View More

No, Maryland law does not obligate family members (much less former family members such as an ex-spouse) to personally pay the debts of someone who died. Of course, anyone who agreed to be personally responsible as a co-signer might be obligated but the post states neither of you were co-signers.... View More

No, you cannot. If you do so, it will be a crime. Only a personal representative appointed by the probate court (Orphans Court, in Maryland) can take control of and sell or manage a deceased person’s property. Someone must petition the court to open an estate and appoint a Personal... View More

Depends on what the signed separation agreement says. It does not have to be notarized to be valid. Does it contain a full release and waiver of any claim against each other’s estate or right to take distribution? Start with a consultation with a lawyer reviewing that document. If ambiguous, it... View More

You would not be contractually liable for debts incurred only in her name. Any breach of contract claims for her unpaid debts would have to be filed against her estate within 6 months of her death. If there were no estate assets, then the claims cannot be paid. However, a creditor might try and... View More

Basically, there's nothing to do unless and until your uncle does something--either sues you for return of the money, files a criminal charge for elder financial abuse/theft, or attempts to reduce your inheritance by the $2,500. At that point, you need to be prepared to respond with a lawyer... View More

Yes, if an estate was opened, all “heirs at law” (meaning any person who would inherit if there were no will) must be notified so they can decide whether or not to challenge the will. As a child of the deceased, you are an heir at law.

However, if your father’s assets were all either... View More

By law (Maryland statutory code) you ceased to be a beneficiary under your ex-spouse's will as of the date your judgment of absolute divorce was entered on the court docket. The judgment of divorce also would have terminated you as a beneficiary under any beneficiary designation on any... View More

From what you say, all property has already passed to you under the estate, and the estate is closed. The property is no longer "estate" assets, but your personal property. Do with it as you please. It may be prudent to have some form of written statement (even an email will do)... View More

The post mentions both an executor, an estate and a trust. While it might be tempting to think of all of these things as the same (they all help pass property from the person who died to the beneficiaries), from a legal standpoint they are quite different. If the property is in a Trust, it will... View More

Maryland’s 10% Inheritance tax only applies to non-spouses, non-lineal heirs and ancestors, and non-siblings. So, for instance, if the beneficiary receiving title to the house is a child of the deceased grantor of the trust, then there is no inheritance tax. In addition, assuming the grantor of... View More

When was the estate opened? When did you become aware there was an estate opened? When was the estate closed? 2018 is 7 years ago. If the estate is now closed for several years, and if you knew that your mother had passed away and that an estate was opened before the estate closed, then you... View More

If the Will was probated in 2018, you might be too late, but there is a chance that notice was improper or there is some other excuse for delaying seven years after her death to notice her absence. Then, it will be important to examine the Will and the facts. If your mother's intent was to... View More