Maryland Probate Legal Questions

This is a very fact-based sitatuon and I would recommed you contacting an attorney as soon as you can.  Your individual rights to anything (documents, property, etc.) can depend on many factors which can't be appropriately addressed in this sort of forum or without knowing more of the facts. ... Read More

In theory, the personal representative of the Ex's estate can make a claim to any property owned (or joinly owned property) by him on the date of his death.  However, it is possible that you could make the claim that he abandoned his interest in the properoty or otherwise work out an agreement with the personal representivie.  All this is assuming that the personal representative is aware that the propeorty exists and that the deceased has some ownership interest in the shed.... Read More

You need a lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration, showing that you and your siblings are the heirs (if your mother or any stepmother is no longer with us) and giving you authority over all your father's property.  You can then sue your aunt for conversion (converting your father's property to hers), though, hopefully, you can work this out without a lawsuit.  Your local Dispute Resolution Center may help for a nominal fee.... Read More

While you were caring for your parents, you were their guest.  Once they passed, unless there was a written agreement that you could live in the property for one year, you became a tenant at will.  It became the duty of the executor of the estate to evict you and sell the property to pay the estate's debts, dividing the rest according to the Will or, if a Will was not admitted to probate (proving), according to the state's laws of inheritance.... Read More

Contact a New Jersey probate attorney who practices in the county in which your mother died.  In many states beneficiaries or heirs may request an accounting a certain number of months after the surrogate's court appoints an executor or administrator to settle the estate.  (You might start by checking that court's records to determine whether anyone has been appointed or applied for appointment.)... Read More

For a check to an estate to be cashed, there must be an estate bank account.  You can hire a local probate lawyer to help you probate the estate through either a formal or informal court proceeding (an affidavit of small estate) or, if the father's estate is too small even for this, let the proceeds go to the state comptroller as unclaimed property and, after a certain number of years have passed, prove that it should go to your son.... Read More

Your uncle's duty as personal representative is to collect your grandmother's assets, pay her debts and the debts of her estate, and distribute the rest according to her Will.  You write both that your grandmother left everything to your mother, your sister and you and that your uncle "owns only half the assets," which is confusing.  Regardless, if your grandmother's home must be sold to pay her debts and the debts of her estate, you, your mother and your sister must move so that your uncle, as personal representative, can sell the home.  If the three of you can pay those bills, you might want to negotiate a Family Settlement Agreement which will allow you to remain in the home.... Read More

By law your stepmother, as your father's surviving spouse, was entitled to the 401k unless she affirmatively waived her right to it and so notified the plan administrator during the marriage. If there was a Will stating how other things were to be distributed (after debts were paid) and you were named the executor, you should have submitted the Will to probate. In any event, it is too late.        ... Read More

This varies from place to place.  Some lawyers will recommend adding a Medical Power of Attorney, Durable Power of Attorney and other documents to keep you in charge while you live.  You may need to call around.  Please note that though we think that our plans may be simple, the law often is not.... Read More

You may qualify for free representation through Volunteer Legal Services or, if not, for the Modest Means program through Lawyer Referral Services.  The SC court may have a pro se (for self) program in which court personnel or attorneys will assist someone representing themselves. The likelihood of getting adequate advice on a nationwide listserv from attorneys who have not seen the documents and do not know the full situation is slim.... Read More

I recommend making a request in writing for a full accounting, which is your right and responsibility as a co-executor, and giving a deadline.  You have proof of the request and, if the deadline passes without sufficient information, I would file a demand for an accounting with the court and provide a copy of your request as evidence that her sister is not cooperating.  It does not sound like asking nicely and being patient is working.   Sometimes hiring a lawyer can buffer standoffs a bit; the lawyer makes the requests and filse any court actions so that you are not as directly involved in challenging your sister.  The estate should pay any legal bills you incur as part of this action.  But, from what you describe, it sounds like estate funds are being used inappropriately and you need to take some action. ... Read More