Maryland Trusts Legal Questions

No.  As long as a Will or a trust is valid at the time of signing in one state, it will be recognized in others.  I would write a Will in Maryland that confirms to Maryland law.  Trusts are a bit more complicated.  If the trust will be holding real estate, I would write it in the state where the state where the real estate is located.  Good luck.... Read More

Hi - See if you can get a copy of the trust agreement, if you don't have it already, and look for any rights granted to beneficiaries.  There may be a process for you to remove your brother as trustee.  There probably is not a way for you to change the terms of the trust from distributions by discretion of the trustee, but it's worth looking.  You also have rights under state law to periodic accountings and court review and/or oversight of his administration of the trust, as well as to remove him if he is not administering the trust in accorance with its terms.   ... Read More

It is difficult to give a solid answer without reading the actual language of the trust and Will, but I'll give you some general information.  Part of the answer depends on whether your dad or the trust owns the assets.  Assets owned by your father (without named beneficiaries or co-owners) are to be distributed in accordance with his Will by the personal representative appointed by the probate court, while assets owned by the trust are distributed by the trustee(s) in accordance with the terms of the trust.  If the trust was executed in Maryland, then it will be interpeted under Maryland law.  If your dad was a Virginia resident when he died, then his estate will be probated in Virginia (f probate is necessary.)  Again, the trust and the Will are two separate things.  If the trust states that after both parents are dead, all assets are divided among the children, then any assets owned by the trust should be divided between the children by the trustee(s) once all trust expenses are paid, which includes taxes and costs of the final accounting.  Some people form trusts but fail to transfer some of their assets to them, so the fact that your father had this trust does not necessarily mean that the trust owns all of his assets.  The trust also may have provisions stating who is trustee or co-trustees once your father dies.  Good luck.  ... Read More

Shemicka Whether or not the two aunts can get your husband kicked out of the house probably depends (first of all) upon what the trust says, since you said that the property is controlled by "two trustees" (and thus it must be owned by a trust, right?).  So no one can answer your question without more information and a copy of the trust document. And it may be possible to evict your husband from the property if he has failed to perform certain obligations for which he is responsible or if he has used the property to create a nuisance, and probably for other reasons I cannot bring to mind quickly.  I'd need more facts to determine whether (beyond the trust terms) there are other aspects of this situation that would enable the aunts to evict your husband from this property. In addition, if the property is held in a trust and the two aunts are trustees, yes, their names would be listed on title to the property but in their fiduciary capacity as trustees and not as fee owners (i.e. they would not own the property individually, but as trustees).  So, based upon the way you worded your question, I am guessing the your husband "owns" the property only as a beneficiary of a trust (meaning he probably does not own it outright) and that the two aunts are the two trustees of the trust that owns the property, which is held in the trust probably for your husband's benefit.  And whether or not your husband can be "kicked out of the house" depends upon the wording of the trust and the circumstances of the situation. I hope that this quick response answers your question.  If not, please let me know (and also let me know the location of the property).   Cathy Mack cmack@cathymacklaw.com... Read More