Maryland Estate Planning Legal Questions

A spouse must have her own Will, health care directives and power of attorney and can have her own trust.  Naturally, the Will and the trust can only dispose of her interest in property.  Her spouse's signature is only needed on a waiver of spousal rights to a 401k sent to the plan administrator. Attorneys differ in how they charge, how much they charge and how long they take.... Read More

This depends on what the trust agreement provides.  Generally speaking, a beneficiary of a trust who lives in a home owned by the trust and has a right to do so for life or for a certain time period is responsible for ongoing maintanence and repairs, HOA fees and property taxes.  Capital improvements may be paid for by the trust IF authorized by the trustee. ... Read More

An October 2017 survey found  that across the United States it usually takes about two years to settle an estate.  One reason for this is that the final year's income tax cannot be paid until the next year.  That is, your husband's 2019 income tax return cannot be filed until 2020.  A wise executor makes sure that the correct amount of income tax is paid before disbursing any other funds:  he or she is personally liable to pay the balance if income taxes are not paid in full.  The amount of time a secured creditor (such as a mortgage or auto loan lender) has to submit a claim and the amount of time an unsecured creditor (such as a credit card company) has to submit a claim may vary a bit from state to state.  Two months sounds very short.... Read More

I'm sorry for your loss. You can file a joint return for 2016.  If his estate doesn't have assets, I'm guessing that the estate will not earn any income (such as interest, dividends, etc.) so you will not have to file an estate income tax return at all.   You do not have to open an estate if he had no assets.  If he had a Will, it would be prudent to file it with the court with no other action requested, as a safeguard if any assets appear in the future.   Owning everything jointly makes estate administration simpler for a surviving spouse.  With all of the complications that death can bring, this is one bit of good news.      ... Read More

You mother should consider doing an estate plan consisting of a will, a power of attorney, and an Advance Directive re health care decisions. She should consult an attorney about all of her options, which might also include putting children on the deed to the house now, creating a life estate deed, with or without powers, or deeding the property outright to a child or another now. Each of these options should be done only after consultation with a lawyer to fully explore all of the legal and familiar ramifications of each option. Please feel free to contact me to explore options.... Read More

In Nevada when a probate is filed, all relatives within the 2nd degree of consanguinity and affinity (children, parents, grandchildren, grandparents, siblings and spouse) must be noticed and provided the details. So the answer to your question is "yes." A decedent's children will be provided with copies of all pleadings in the matter and will know exactly who is receiving what.... Read More

Beneficiaries are the named persons on insurance policies to the exclusion of all other persons, and are the persons the insurance company will pay, unless there are more than one claimant, in which case the insurance company will interplead the moneys into the court and tell the claimants to take their argument to court to determine who is entitled to the proceeds of the policy.... Read More

How do you know the beneficiary is his deceased father? Your father may have changed the beneficiary designation, or he may have named a successor beneficiary. Is your father still alive? If not, has a probate estate been opened? Did he have a Will? If an insurance policy does not have a designated beneficiary or successor beneficiary who is alive, the insurance proceeds will be sent to the executor or administrator of the estate. So, too many questions that need answering to be able to answer the question you posed here.... Read More

Generally speaking, each party is entitled to half of all assets that accumulated during marriage (including retirement/pension); however, if this was not awarded to you in the divorce, you might not be able to go back and seek these benefits now. I recommend you consult with an attorney to discuss your options.... Read More

Your friend should engage in attorney then discuss whether or not a gift tax return will be required. As for the gifting of the money itself, all she has to do is place it didn't work out, wait until the settlement or judgment check clears, and then write a check to those people she wishes to give the money to.... Read More

An order determining heirs is usually provided by the probate court through formal probate proceedings. Since annuities with beneficiaries designated avoid the need for probate, it is unclear what they are asking you for and whether the request is even reasonable. You should have your paperwork reviewed by an attorney to help you understand how best to proceed.... Read More

If a person is considered alive and satisfies any condition to inheriting set out in the will, e.g., survives for 30 days, then the inherit. Once he has inherited there may need to be a guardianship (or, in CA, a conservatorship), especially if the funds becoming "available" to him under Medi-Cal/ Medicaid guidelines cut off all his benefits, such as nursing home care.... Read More

Idaho Code 152505(b) specifies that a will is not invalid because it is signed by an "interested witness." Idaho Code 151201(25) defines "interested person" to include heirs, devisees, children, spouses, creditors, beneficiaries and any others having a property right in or claim against the estate. So, yes, as the daughter in law of the will maker you can witness it. However, if only disinterested persons serve as the witnesses to the will, there is less opportunity to impeach their testimony by showing motive that a judge might take into account in deciding if you are telling the truth, if it comes to that in a will contest. So, I always use disinterested persons as witnesses, unless impractical.... Read More