Get free answers to your Probate legal questions from lawyers in your area.
from the Executor. However, do the heirs receive notice before final distribution and have the opportunity to request a detailed summary of the accounting and able to object if need be? Also can the Executor (and heir) allow himself compensation against the estate if another heir took care of... View More
answered on Mar 16, 2021
Objections (or, "exceptions") to an account may be made within 20 days following the court's notice approving the account. Note, this is not 20 days after receiving a copy of the account that has yet to be approved. In many cases, the audit department raises issues and requires... View More
all necessary info and guidelines for the Executor to proceed, but more importantly to avoid any unnecessary legal fees. As a beneficiary only myself, I suppose I can file a grievance with the court if need be. Can you tell me what a probate lawyer can do that I wouldn't be able to do myself... View More
answered on Mar 16, 2021
Unless there is some malfeasance or basis to object to the PR's handling of the estate or performance as PR, then there is little reason to hire a lawyer. It will simply cost you money. Lawyers charge by the hour, and that can range depending on how experienced the lawyer is. A couple to... View More
such as contract on sale of house, etc. Seems to me from the responses on this site, it is a mere suggestion from the BaltoCo court to keep siblings informed and not a legal requirement. It seems the Executor has complete authority and only answers to the court, unless I file a grievance, it is... View More
answered on Mar 16, 2021
The notices required to be mailed to interested persons by law are set forth in the Estates & Trusts Code and the Procedural Rules of Maryland. They are limited, but you will receive copies of any Accounts filed in the estate. However, all court proceedings and filings in an estate are open... View More
the court before the final sale of the family home
answered on Mar 16, 2021
No. The PR merely has to account for the proceeds of the sale in the accounting (periodic and/or final accounts) and costs of sale. Distributions cannot be made to the estate heirs/legatees until after the final account is audited approved. The sale should be for fair market value, unless all... View More
answered on Mar 15, 2021
Assuming the "family home" is in the probate estate, then yes, a Personal Representative of an estate can usually sell the property without getting permission from other family members. However, the Personal Representative must report the sale to the court and get the court to sign off... View More
the collection among beneficiaries in the meantime UNLESS an heir believes the collection wouldn't be appraised appropriately all together at a later date after regular Estate is closed
answered on Mar 15, 2021
This appears like a conclusion rather than a question. However, to the extent this is a question asking whether a Personal Representative can/should avoid appraising an asset to avoid tax, that would be a very ill-advised course of action. A Personal Representative has an obligation to appraise... View More
answered on Mar 14, 2021
Generally speaking, the PR is supposed to report a value to all personal property, but a formal appraisal may or may not be required depending on the nature of the items. A coin collection can be valuable or of no particular value, so if it is worth thousands of dollars, an appraisal is probably... View More
if my siblings authorize and agree to it?
answered on Mar 11, 2021
If all interested parties agree that you should be paid, you should be able to work it out as either a claim or a partial renunciation. This is a matter to be discussed with the personal representative or the lawyer.
I inherited a house in Maryland. The estate is in probate and I'm the executor and sole heir (I will be filling for modified administration). As I understand it, the house can be sold either by the estate or deeded to me first before the sale. For both options, when exactly in the probate... View More
answered on Feb 6, 2021
You can amend the inventory value based either on the tax assessed value or an appraisal by a certified real estate appraiser (not just a real estate agent doing a valuation—must be a certified appraisal). The tax basis in the Property is fixed as of the date of death regardless of whether the... View More
Only had his name on it. His name solely on the mortgage, but home owners insurance both names. He had credit card debt for less than 5 grand. My mom still lives in the home and we are trying to secure it for her. If we pay the credit card debt will this help or hinder the process. We just want the... View More
answered on Jan 27, 2021
If the souse was purchased during the marriage, you can file a corrective deed by presenting the marriage certificate and the death certificate of the title holder and preparing the deed. That's sometimes helpful in keeping the title clean. If she was not married at the time of purchase, the... View More
I was asked to sign a waiver of personal representative Bond.. how will me signing it affect me and how does it benefit my uncle
answered on Jan 24, 2021
I need to attach my disclaimer to the bottom of this answer, because there is a teeny tiny chance that this advice will be wrong for you, but in 37 years of practice it hasn't been. I have seen bond called in a case exactly once in those 37 years. Other than that weird time, it is a protection... View More
Would this fall under slayer rule, which would kick him out of the will, therefore his descendants would not inherit his portion?
answered on Jan 19, 2021
It depends on the Survivorship Clause of the Will. The murderer is, of course, excluded, but his heirs are not. If the Will contains a fairly common clause that defines a person as predeceased if they die within 60 days of the testator, then the murderer is considered to have pre-deceased. If the... View More
Not the name, spouse, who gets what, how much but the finishing phrase or wordage that oks the handwritten will so it does not have to go to court to be approved).
answered on Jan 16, 2021
A simple will is the cheapest most reasonable flat fee most lawyers charge, so please go to a lawyer for this basic necessity and insure that not only the will itself meets the necessary requirements to be legally valid, but also that the will actually distributes your assets how you would want.... View More
On the line for what property I want to leave them, is there a certain wording for "half of assets" or 50%? Or should I leave that line blank? I don't necessarily need to leave each of them each anything in particular. It would basically be the house and everything in it. They will... View More
answered on Jan 13, 2021
I give to my daughters, DAUGHTER 1 and DAUGHTER 2, in as equal shares as possible, my principal place of residence and any real property that I may...
I give the balance of my personal and household effects, automobiles and other tangible personal property to my daughters, DAUGHTER 1 and... View More
answered on Jan 12, 2021
The “proof of execution of will” form is signed by any person who was present and witnessed the decedent sign the will, including one of the person’s who signed as a witness. The space for the lawyer signature is only there if the Personal Representative of the estate retained a lawyer to... View More
Four siblings are living in house with Mom. When Mom dies will probate sell house or can siblings still living in house prevent sale?
answered on Jan 2, 2021
Mom solely owns the house in this scenario. Without a will, all her children inherit equally. Somebody must petition to become Personal Representative of the estate. If more than one petitions, or there is an objection to anyone petitioning, then the court will decide who gets named. The PR must... View More
May 2003 paid Lawyer to do power of Attorney and Will was paid to register with Orphan court and she did not I have the information on paying the bill on my checking account
answered on Dec 1, 2020
Not sure what you mean by "paid to do so now." If you want to sue a sitting judge, you cannot sue for judicial acts in most cases as judges enjoy immunity. If you are asking whether you can sue a judge in the capacity as an attorney, the answer may be yes. But you may also be well outside... View More
To the share owed to my brother. It was a 50/50 split between us and my stepmother
answered on Nov 28, 2020
Your stepmother is entitled to the first $40,000 and then 50% of the remaining balance of your father’s estate if she and your father were still married when he died. The other 50% would go to you alone if you are the only living child of your father AND your deceased brother has no living... View More
An elderly disabled person is being forced out of his home that he lived in all of his life by the personal representative. The home had been closed with probate many years ago, and it's still closed, but the personal representative has now decided to sell the home after all this time. The... View More
answered on Nov 16, 2020
Your posting does not provide sufficient information for a reliable response, and I suggest that you review all of the facts with counsel during a consult. If the house is titled to the decedent, and there is an open estate with a qualified PR, there is no need for a complaint for sale in lieu of... View More
I would like to please know how unique this situation is where the personal representative went through probate 17 years ago, closed it and now wants to sell the house in 2020 and it is still in closed status. She has filed an updated letter of Administration. She has not taken the deceased... View More
answered on Nov 15, 2020
It's going to take a bit of time, particularly if the property is in PG County. The quarantine has hit the Recorder of Deeds fairly hard, and the backlog seems to be a couple months on recording. The Register of Wills Offices across the state are closed and documents are being filed by remote.... View 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.