You need a lawyer in the state where your mother resides (you list Charlotte, NC, in the posting). So long as your mother is mentally competent, then she can execute a new Will. However, a Will does not act as or grant someone the authority to act as someone's attorney-in-fact like a power... View More

I am sorry for your loss. If your sister passed away owning a home, the home, depending on how it's titled, has to go through probate. If you are the only sibling, no spouse, and none of your parents are alive and she didn't have any children, then you can rightfully inherit the house.... View More

Discuss this with a lawyer. One option: Wait 6 months after date of death before opening the estate, and do not talk to the credit card companies or volunteer that he died, just stop making payments and ignore their calls. After 6 months open the estate and if the credit card companies file claims... View More

To be safe, I think you should contact both. There is no penalty for doing so. Especially if you believe that this person is being abused in some way.

It surely sounds like your fiancé needs to talk to a lawyer who will review whatever documents her uncle has and the probate file. If she is the sole heir of an intestate estate, it is difficult to imagine why the $1.8M isn't in her hands after two years unless some conservatorship was... View More

It's sometimes difficult to know how to handle delicate estate situations. As a beneficiary of a trust, you have the right to review the trust itself and receive periodic accountings. I would start there and see what information you get. Hopefully, you will not need to involve the courts in... View More

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... View More

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

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.

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... View More

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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.

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... View More

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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... View More

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... View 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.

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.

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... View 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... View 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... View 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... View More