Maryland Probate Legal Questions

This sounds like a difficult situation.  While your mother was living, your brother may have been acting for her under a power of attorney or as a joint owner.  He did not become an executor until she died and he was appointed by the court, if that has happened. I don't understand how he can remove you from her bank account, but maybe you just had check-writing authority and he unauthtorized that as your mother's agent.  If he was a joint owner of the account and deposited the house sale proceeds into it, they became his funds solely when she passed away. If this is the case, this is not an issue of how he is administering her estate but of his misdeeds while she was still alive.  I certainly would request, in writing, an accounting of the last couple years of her life to include the house sale and any loans to him.  If he does not comply, you can begin a legal action against him alleging that he either misappropriated your mother's money or unfairly pressured him to give it to him.  You will need a lawyer for this.  As part of the suit, you can require him to provide you with all of the banking and other records.  Good luck.  ... Read More

What do you mean by "prior" family members?  Your possibilities to win cannot be known without knowing the specific factors of your case.  Namely (1) was the will valid and (2) was you husband competent when he signed the will.  Consider consulting with an attorney and letting him or her know the specifics of your case if you need help.... Read More

This question cannot be answered.  It entirely depends on the specific factors of your situation.  Factors include - is the will valid, was the person who signed it competent when they signed it.  Consider contacting an attorney and giving them specific details for your case.... Read More

You question does not indicate whether the Testator has died or not. If the Testator is alive and able to execute a new will or codicil, then the Testator can choose a new PR. Typically, a well drawn will indicates a successor PR if the primary PR is unable or unwilling to serve as PR. If the Testator has died then it is up to the Orphan's Court to appoint a named Alternate PR or a new PR in accordance with the law setting forth who has the priority right to be named.... Read More

It is always a good idea to have a will even if you do not presently own property. Any asset  regardless of its value owned by you is subject to inheritance and probate laws. It is always possible that you will acquire property in the future, e.g. property inherited by you, cars, bank accounts, IRS's, lottery winnings, real estate, etc. With a will you can also select who your Personal Representative will be.... Read More

You should contact to the restroom wheels in the county in which your father died resident. You would then be able to find out whether they will has been probated. The wheel will specifically define who will receive his estate. If he died without a will then you are considered an air at law and would have the right to receive your share of the estate in accordance with the laws of intestacy.... Read More

Contact a local lawyer, dont call me. But, generally, the only addendum, or codicil, which will be valid must  be executed with the same formality as the will-2 witnesses, etc. So, with the advent of the computer, most people just do a whole new will as it is easier. Be careful with this. You should consult with a lawyer. ... Read More

When an individual dies without leaving a will it is called dying intestate and an Administration proceeding needs to be done. Your son needs to go the the Administration court of the City in which the decedent lived and petition the court to be appointed the Administrator of his father's estate. This will give him the capacity to act on behalf of the decedent to resolve the estate.... Read More

One key issue is whether your mother had the legal capacity to make a Will at the time she executed her last Will, and whether she still has legal capacity.  In general capacity means that she knew that she was making a Will, she knew what property she owned and what property would pass through the Will, she knew who would normally inherit from her estate, and she knew who she wanted to Will the property to.  If it is proven that your mother did not have capacity at the time she executed the last Will, then the Will may be found to be invalid.  If your mother did have capacity when she executed the last Will, and if she still has has capacity, then she can execute a new Will and revoke the prior will. Another issue is whether undue influence was used to convince your mother to sign the last Will.  If it can be proven that your mother was subject to undue influence, so that her true wishes are not expressed by the last Will she signed, then the Will may be found to be invalid. Determining whether your mother had or has capacity, and whether was undue influence was used to get her to execute the Will can be a complex process. I strongly suggest that you contact a lawyer to help you determine your options.... Read More

In Maryland, if a decedent left a Will, that Will determines who will inherit the decedent’s estate. There are some exceptions.  If the decedent has a surviving spouse that spouse is generally entitled to an allowance for personal use and to a share of the estate.  An unmarried minor child of the decedent may also be entitled to an allowance.   If surviving children are not beneficiaries under the Will they do not normally have a right to inherit. If a decedent did not have a Will, then the rules of intestate succession apply.  In Maryland, if there is a surviving spouse that spouse is normally entitled to a share of the estate. Surviving children and surviving parents of the decedent are also entitled to a share. The share each beneficiary receives will depend on who is surviving, and whether any surviving children are minors.  For example if there are no surviving parents, but there is a surviving spouse and one surviving adult child, then the surviving spouse would normally get $15,000 plus one-half of the rest of the net estate.  The surviving adult child would inherit the remainder of the estate.  ... Read More

Dear Maryland, Your brother's behavior is possibly indicative of someone who abused his power of attorney (POA )and possibly left nothing in an estate to be probated and distributed.  Your brother's power of attorney was valid while your grandmother was alive....It ended at her death or at most it ended after disposition of her remains.  At that point, whomever was her named executor in her will IF she had a will should have filed the will with the clerk of the circuit court within 30 days of her death.  Upon being filed, the will is a public document and you or anyone can pay a fee to obtain a copy.  Unfortunately, sometimes wills do not get filed and even though it is a crime to hide or secret a will, it happens. A power of attorney gave your brother broad powers  and permission to act on behalf of your grandma as though he was her.  Sounds like he negotiated everything while she was alive and that would have been you other heirs' opportunity to haul him into court for abuse of his power of attorney IF such was occurring.  Sounds as if now all the assets are possibly gone.  It is possible that he sold the assets to pay for your grandmother's care.  It is also possible that he is still grieving and cannot pull himself together yet to deal with the administration of the estate.....Again, you did not indicate if there is a will and if there is a named executor.  I suggest the next time you call, leave a message acknowledging that you recognize as the POA he had a lot of responsibilities and you are calling to see if you can do anything to make his life a bit easier....ask to help.  I imagine you are grieving too, so give both of you time to heal.  Best wishes to you.... Read More

Each state is different so my knowledge as a California attorney might only be part of the answer for you. I encourage you to find an attorney in your state to verify what I am telling you.  I would think since mom died BEFORE brother that you are getting nothing here. I say this because it is your brother's life insurance to do with what he wants. If he had named mom as the primary beneficiary and died before mom then mom's share would be vested and then you would likely receive from mom. However, since she died first it's not vested in mom so it remains totally your brother's insurance. Then the issue is who should receive brother's life insurance. The crossed out son is confusing but ultimately I don't think it gets you the money. Even if the life insurance company were to accept the cross out the life insurance probably then passes to your brother's estate in probate Court. His kids, not you, would be his heirs at law. I don't think you have a case here. I am sorry.  -John... Read More