Maryland Estate Planning Legal Questions

Deeds are public records, and you may obtain copies from the county land records office (or on-line for most recent deeds). Your father may wish to consider filing a petition for sale in lieu of partition, which would allow sale of the house and distribution of the proceeds among the owners.... Read More

If the title to the mobile home was in your father-in-law's name alone, then your husband will have to open an estate in order to get himself appointed as personal representative of the estate. This is necessary because only a personal representative would have authority to transfer the title of the mobile home to the purchaser.... Read More

If the account is joint with right of survivorship, then the account passes directly to the surviving joint owner, rather than to the estate. So the account would not have to be split in the same manner as the rest of the estate. In some situations though, the decedent might set up the account for convenience only and might intend that the account be split in the same manner as the estate. So the surviving joint owner would have to decide whether to keep the account entirely (which would be permissible based on the way the account was titled), or split it in the same manner as the rest of the estate (which might have been the decedent's intent).... Read More

If there were bank accounts with no activity since at least 1991, then the banks may have turned over the money to the state as unclaimed property. I suggest that you go to the website for the Maryland Comptroller and do a search for unclaimed property in the names of your family members. Because your stepfather lived in Virginia as well, you could do a search for unclaimed property in Virginia too.... Read More

After you probate the will with the Register of Wills, your cousin will have 6 months to file a challenge to the will (known as a caveat). Your cousin would have to show that the will is invalid somehow. A will could be invalid if it was not signed by your aunt; it was not signed by two witnesses; your aunt was not mentally competent; or someone unduly influenced your aunt to sign the will.... Read More

I am so sorry for your loss. I am a California attorney and, of course, laws are different from state to state. However, nobody can minimize or deny the emotional damage that can be done when the death of a minor child is involved. I would encourage you to find a personal injury attorney in your area and discuss the case with them. I think it's very possible you could have a viable case but a personal injury attorney would be the one to talk to about that rather than a trust and estates attorney.  You might even try to re-post on lawyers.com in the personal injury section.  Again, I am sorry for your loss and best of luck.  -John... Read More