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 already... Read 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...Read more »
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 »
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 solely on...Read more »
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 »
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.
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 »
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 by my... Read more »
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 »
everything, however, I found a claim in MD via the unclaimed property unit. I received a check made payable to the estate of my father care of me (the PR). How can I cash that check so I can pay the distributees? Check is for $102.86
My wife's brother administers her trust fund in Maryland, but we live in another state from him. Recently, she feels he is not administering it properly and that we need legal assistance. Her brother has stated that the trust fund will not pay for a lawyer if we do. The fund is her only income at... Read more »
If you hire a lawyer and succeed in getting a court to replace her as trustee, at that time the trust will most likely have the right and ability to reimburse you for your attorney fees. But if you lose, you bear the expense.
By law, the house is solely his, regardless of whether he retitles it into his sole name. If he dies without a will, his stepchildren (unless legally adopted) will not inherit any part of his estate. The only way you as stepchildren can inherit property of his estate is if he drafts a will and...Read more »
I’m from GlenBurnie Md and In my fathers will he left the house to my mom and me so I guess her and then it goes to me when she passes??? If my name is on the deed can I live in that house with my wife and children without being thrown out now sense I’m 41 and technically it’s part my house????
A lawyer would have to look at your grandfather’s will to ascertain how the house was to be distributed to you and your mom, as well as review the deed to the house to see whether it was titled in accordance with your grandfather’s will. Assuming that your name is on the deed together with your...Read more »
Probate estates are opened in the jurisdiction where the deceased person died. You can find out whether an estate has been opened by contacting the Register of Wills (or going to the Register of Wills' website and performing a search with the deceased person's name).
I live in Maryland so I know I would need to go through probate court. Our parents are deceased and she had no children. If granted by the judge would the lender just let me assume the mortgage or would the check my credit and make me refinance. I really want the house to stay in the family but I... Read more »
Actually, you would not need to assume the mortgage. There is a federal law called Garn St. Germain that allows you to retain the property as an inheritance without the lender accelerating the debt under its due on sale clause or performing any other underwriting. Obviously, each estate is fact...Read more »
You probably ought to pay someone to review the actual trust, because some trust purposes can be undercut by the beneficiaries due to changes circumstances, but there is nothing fundamentally problematic with a trust holding property perpetually. A grant of property must resolve title within 21...Read more »
When someone dies without a will, the laws of intestate succession apply. Depending on what other family they leave behind, property may have to be split with the children or parents of the person who died. Generally the person handling the estate will want to wait before paying credit card...Read more »
Must witnesses to a will be found and accounted for in any way in an uncontested probate? What about a self proving will? Must the witness's verifying statement be sworn before a notary? What if only one of the witnesses is alive and can be found?
Proper attestation creates a presumption of authenticity, so it will usually be adequate in an uncontested probate. Beyond that, retaining a lawyer, whose fees are subject to review by the court and who is paid from the assets of the estate, is a good idea.
And the state takes over and puts it up for auction, does the state have to sell it at the appraised amount? There are no taxes owed , however because of other heirs Maryland State allows a certain length of time to sell and distribute all monies .
What!? Get a lawyer. Find out why the state is selling the property. Intestacy has nothing to do with it. If there is an open probate and an appointed personal representative (PR), we need to ask why they have decided to forfeit the property. Is it "underwater" with the mortgage debt and taxes? Is...Read 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.