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Maryland Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: A copy of my granddads will was filed in md leaving every thing to me and my sister. Is it valid. It was witnessed by 2

It was filed by his ex girlfriend who stole it from his house. He had it signed and witnessed by two people on 20006. Is it legal

Mark Oakley
Mark Oakley answered on Jun 30, 2020

Well, if it was signed by your grandfather, in the presence of two witnesses, who also signed the will in their and his presence, then the signature requirements of the law are satisfied for making a valid will. Whether the document as a whole makes a valid will cannot be determined by the facts... Read more »

2 Answers | Asked in Probate and Estate Planning for Maryland on
Q: My mother won't give me my inheritance.

My grandfather left me his guns in his will - he died when I was 10. I was supposed to get them when I turned 18. I'm now almost 21 and she said her new husband wants them, but she's willing to get them appraised and give me the money for them. I told her, I'll get them appraised,... Read more »

Glenn A. Jarrett
Glenn A. Jarrett answered on Jun 10, 2020

If the estate is in probate court, contact the Court in writing and explain the situation.

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2 Answers | Asked in Probate for Maryland on
Q: My mother passed away early this year. Her primary asset is her home which has a reverse mortgage.

My mother’s will specifies my sibling gets the house if he secures a loan to satisfy the reverse mortgage loan within 90 days of her passing. The will goes on to say that if my sibling sells, or is unable to maintain the house for a three year period the house is to be sold and the proceeds split... Read more »

Richard Sternberg
Richard Sternberg answered on May 26, 2020

The answer is in the document you cite, and the words in that document matter. You say it says "within 90 days of [her] passing" in the Will. Does it? What you need is counsel to review the Will and file a claim at the appropriate time.

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1 Answer | Asked in Probate for Maryland on
Q: Can I get a copy of my grandmother's will without having to ask my dad or aunts/uncle?

My grandmother passed. She informed that a certain person wasnt getting anything. Everything that person was getting is going to me. I was just informed that supposedly her will can not be found and because of that, I'm getting nothing. My uncle has assured me that he "got me". Now... Read more »

Mark Oakley
Mark Oakley answered on May 17, 2020

If you can identify the lawyer your grandmother would have used to draft the will, you might be able to obtain a copy. A copy is not sufficient on its own--there will need to be a court hearing to determine both that the original of that will is lost, and that no new will was signed to take its... Read more »

2 Answers | Asked in Probate for Maryland on
Q: Dads girlfriend was authorized user on Amex & chase cards. She used after he died, now they’re trying to make me pay

My sisters and I got the estate after he died and the credit card companies are coming after us for the charges she incurred. What can we do, is it legal?

Nina Whitehurst
Nina Whitehurst answered on May 15, 2020

You should hire an attorney to help you dispute those charges. This can be done as part of the process of probating your dad's estate.

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3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Maryland on
Q: As personal representative of closed estate should l sell house even if 3 heirs want to keep house in family?

There are 6 heirs. There is no more money to pay taxes, repairs etc. 3 heirs want to stop sale. I want to sell asap as is

Thomas C. Valkenet
Thomas C. Valkenet answered on May 1, 2020

If the house is still in the name of the decedent, then the Estate is not yet closed. But the Personal Representative has broad powers to administer the assets of the Estate and make distributions according to the Will or laws that apply when there is no Will. If the house must be sold, then... Read more »

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4 Answers | Asked in Estate Planning and Probate for Maryland on
Q: I have just been notified that my bilogical father passed away. He had no will and I'm the only living heir

I have had no relationship with him nor anyone for almost 50 yrs. Apparently he really didnt have anything. A crappy car, bank acct. I live in TN his estate is in MD. My question is what do I do? I'm not spending a penny to do anything for a stranger for might be nothing in the end. Help

Nina Whitehurst
Nina Whitehurst answered on Apr 21, 2020

You don't HAVE to do anything. If you want any of his stuff, you can hire an attorney in MD to help you probate his estate. For a small estate, there might be an expedited procedure. If you do nothing, and nobody else (such as a creditor of his) does anything either, then his things will... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: I am the personal representative of a small estate in MD. See the more information for details.

I am the personal representative in Maryland of a small estate for a friend who passed away.

I notified creditors in writing of the 30 day limit to file a claim.

https://law.justia.com/codes/maryland/2018/estates-and-trusts/title-5/subtitle-6/section-5-603/

My letter... Read more »

Mark Oakley
Mark Oakley answered on Apr 15, 2020

Because of the pandemic, all Maryland courts were closed for business except for "emergency" matters as of March 16, 2020, and in addition, all filing and time deadlines provided by any statute, rule or scheduling order were also automatically extended for the same amount of time as the... Read more »

2 Answers | Asked in Probate for Maryland on
Q: My mother died with no will and her only asset is car worth less than 20,000. What can I do?

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 »

Richard Sternberg
Richard Sternberg answered on Mar 18, 2020

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.

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1 Answer | Asked in Family Law and Probate for Maryland on
Q: Am to get guardianship for my autistic 25 year old son, but am in south Carolina. Can you help
Richard Sternberg
Richard Sternberg answered on Mar 11, 2020

Where is your son? Does he agree that he needs your guardianship? Will he move to you in SC? You should get a lawyer where your son will be living at the time of the petition.

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: My uncle died two years ago. His mother and his wife are alive. Does my uncle's mother the right to inherit?

he lived in Maryland, USA.

Mark Oakley
Mark Oakley answered on Mar 7, 2020

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 »

1 Answer | Asked in Banking, Estate Planning and Probate for Maryland on
Q: Mom and I got a joint checking account a year before she started to get bad. Is this account legally mine?

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... Read more »

Mark Oakley
Mark Oakley answered on Mar 2, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Do I have rights to my deceased father’s estate after his second wife remarried soon after his death?

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 »

Mark Oakley
Mark Oakley answered on Mar 2, 2020

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 »

1 Answer | Asked in Probate for Maryland on
Q: Father's estate is being sued by surviving spouse after his passing - question is addressed in more info below - thanks!

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... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 3, 2020

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 »

3 Answers | Asked in Real Estate Law and Probate for Maryland on
Q: Can I keep the house after my mother died. I was living with her. The only other heir is my sister. She was not married.

There is a mortgage fro $250,000.00 and house is worth $375,000.00. She owed $10000.00 in credit cards.

I want to keep the house. My sister does not want house. I am Personal Representative. There is no money to pay credit cards.

Do I have to sell the house to pay the credit cards?... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Jan 4, 2020

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 »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Elderly parent relocating from LA to MD. Is the will from LA void, or should I have dad update his will for MD?

Elderly parent must relocate to my home in so. MD. His will is under LA. Does this matter at time of death?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 30, 2019

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... Read more »

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2 Answers | Asked in Probate for Maryland on
Q: Hello! My case is about intestacy and lawyers as personal representatives in the State of Maryland (Montgomery County).

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 »

Mark Oakley
Mark Oakley answered on Dec 12, 2019

You should hire a lawyer to represent you, have the lawyer learn what the facts are so the correct action can be evaluated and taken (you don’t post any facts to properly advise you).

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Is a testamentary will sufficient to avoid probate in Maryland VA even if you own a home?
Richard Sternberg
Richard Sternberg answered on Nov 20, 2019

First of all, where in Virginia is Maryland? Which state's law is at issue?

Second, a testamentary will is one of the two ways (intestate being the other) to get INTO probate. A Will does not avoid probate.

Third, other than learning it from a poorly written TV script or a...
Read more »

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2 Answers | Asked in Estate Planning, Legal Malpractice and Probate for Maryland on
Q: Trust Fund Mis-use

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.

Paul E. Draper
Paul E. Draper answered on Nov 8, 2019

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 »

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1 Answer | Asked in Probate for Maryland on
Q: What document can be used to support/prove intestate inheritance in MD for the death of a spouse 21 years ago?

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... Read more »

Richard Sternberg
Richard Sternberg answered on Oct 28, 2019

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 »

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