The answer will depend on the law where your brother was domiciled when he died. If he was living in Nevada, you need a Nevada lawyer. In all likelihood, by the most common intestate succession framework, his primary heirs are his spouse (whom you don’t mention) and his issue (the daughter).

Most revocable trusts name the creator of the trust, known as the grantor, as trustee. Once the grantor has died, the trust typically becomes irrevocable. The trust should provide for successor trustees. It is unclear what the nature of the trust is, if there are beneficiaries who are minors or... View More

Of course you can challenge the Will. It is not an easy process, but if there was undue influence, lack of capacity, or the signature isn't genuine, those are all grounds to caveat the Will. You will have no chance of success without legal counsel, and you will almost surely need to pay... View More

Yes. The alowance is in addition to the elective share. In adition, you reference the elective share "of the residual estate." The elective share is against "the value of the estate subject to election, reduced by the value of all spousal benefits" where "spousal... View More

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answered on Apr 6, 2022

The estate has a stepped up basis and can sell it and avoid capital gains assuming the net sale proceeds are equal to or less than the date of death value. If instead the estate distributes the house to you and then you sell it, the result is the same. You will get that same stepped up basis.... View More

You plainly need to file the newer Will, because it voids the older Will unless it is a codicil. I do not think this gives you a new case number, but it plainly requires a new petition and notices. This sounds complex enough that using a lawyer may help.

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.... View More

The Maryland Uniform Transfer on Death Security Registration Act only applies to securities that have been registered with a beneficiary form that specifies a TOD beneficiary. While it may be possible to register a TOD beneficiary for an ownership interest in an LLC, it is not automatic. Most... View More

Yes, it is possible to assign your interest, but it will be treated as a gift from you to the other person. You should be careful not to "disclaim" your inheritance, as that would prevent your ability to direct the inheritance to anyone (the disclaimed inheritance would go to the next... View More

You can always decline an estate, but there may be much better ways to put property in the hands of your step-sister to avoid significant taxes. I assume your step-sister is from a union of your father with another mother, because if she is your mother’s daughter and your mother died intestate,... View More

Yes, the children of the pre-deceased siblings are heirs: they take the share of their deceased parent. Section 3-110 does not apply to this scenario and you misunderstand it. Section 3-110 simply states that anyone who dies within 30 days after the decedent shall be treated as if they died before... View More

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... View 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... View More

Yes, Y is a creditor of the estate and may file a claim for funeral expenses paid. Y should submit a formal claim together with the invoices/receits showing the amounts incurred. If the Personal Representatve fails to pay or denies all or part of the claim, Y can petition to court to order the PR... View More

Yes. Make a lower offer. If refused, when the house is put up for sale, bid on on it like anyone else. You may end up being the higher bidder, but don’t bid more than you think it’s worth.

The personal representative of a estate is give certain authorities in the will. It is common for the PR to have authority to enter into contract and collect rents on property in the estate for the benefit of the estate. If you are not on the deed and are not the PR your rights have not fully... View More

The property is owned by the estate, not by you or your sister, despite the fact that the Will or the law of intestate succession directs the property be deeded to you both at some point in the future. Until that happens, you are occupying estate property. The PR of the estate, your sister, has... View More

Who is the personal representative of your mother's estate?

No, a court cannot subdivide a house. What you can do is petition a court to “sell the house in lieu of partition,” a legal action that results in the court appointing a trustee to list and sell the jointly owned property and divide the proceeds among the owners in accordance with their... View More

Heirs to an estate can, by mutual agreement, settle property distributions under the Will, even if the settlement changes what each heir is supposed to receive under the Will. A lawyer can help you work this out. It is not difficult.