George E Meng’s Answers

George E Meng

Prince Frederick Litigation Lawyer.

Contributor Level 12
  1. Can a Guardian grant someone a Power of Attorney

    Answered over 2 years ago.

    1. George E Meng
    2. Brian Coleman Kelly
    2 lawyer answers

    In answering, I am assuming your father is the guardian of the person and the property and that he is court appointed by a Maryland court. If my assumption is wrong, my answer may not apply. I think there is a strong argument that your father cannot use a power of attorney unless he gets court authority. There is Maryland case law that states a guardian is actually an agent of the court and that the court is the true guardian. One of the powers a guardian of the property has is: "Employ agents....

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  2. How do I get power of attorney over a mentally ill sibling in Maryland? Social Security deemed incompetent, I have POA over SS.

    Answered over 5 years ago.

    1. George E Meng
    2. Bruce S Lipsey
    2 lawyer answers

    You have a very difficult situation. In Maryalnd, there are only 2 ways to manage a person or his affairs - through a power of attorney or a guardianship. He won't sign the necessary POA. In pointing that out you are saying essentially that he is legally competent - he couldn't sign a valid POA if he were not legally competent. So the only possibility is a guardianship. They come in two forms - Guardianship of the Person and Guardianship of the Property. In my experience judges scrutinize...

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  3. Can a relative receive proceeds from an estate even though he is not named in the will.

    Answered about 2 years ago.

    1. George E Meng
    2. Steven J. Fromm
    2 lawyer answers

    Often there are assets such as life insurance where there is either a designated beneficiary or the contract provides for a beneficiary other than the probate estate. These assets legally pass outside the provisions of the Will.

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  4. Do I need a lawyer

    Answered 7 months ago.

    1. George E Meng
    2. Jon Joseph Gasior II
    3. Thomas C Valkenet
    4. Steven Eric Shane
    4 lawyer answers

    Some probate things can be handled by people on their own without a lawyer. This is not one of them. What you outline could be as simple as ignoring the "Will" if it was not properly signed or for some other reason. Or, you could have the beginning of a Will contest. You should promptly arrange for a consultation with a local lawyer familiar with probate matters.

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  5. Does Estate Agreement stating Tenant-in-Common Heirs will list Property for Sale violate all other Tenant-in-Common rights?

    Answered about 1 year ago.

    1. George E Meng
    2. Thomas C Valkenet
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    It's highly unlikely that any lawyer would answer these kinds of questions without being retained. The answers depend upon a review of exactly what has happened to bring the matter to the point where the other side has sent an agreement for you to sign. While it may cost you several hundred dollars to retain a lawyer and get legal advice, you are dealing with property that I assume has significant value and this is not the kind of situation you want to try doing on your own.

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  6. Were my Maryland marriages legal?

    Answered over 1 year ago.

    1. George E Meng
    2. David Raymond Mahood
    3. James P. Frederick
    3 lawyer answers

    Nothing you've written indicates to me that any of your marriages were illegal. If you are in a situation where someone is formally challenging the Will or your marriage, you will be over your head in trying to handle it on your own. Don't waste time trying to be your own lawyer - call a lawyer and at least get a consultation. On the other hand, it is quite common in death situations for relatives (especially children by a prior marriage) to threaten and advance theories that won't hold water....

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  7. Notice to Caveat in Will Contest?

    Answered almost 2 years ago.

    1. George E Meng
    2. Helen M Smith
    3. Stephen Wills Murphy
    4. James P. Frederick
    4 lawyer answers

    If you are serious about contesting the Will, you are making a mistake to try to do it without an attorney. I have been doing this kind of work for 39 years and have never seen an unrepresented person be successful. On the other hand, on a number of occassions I've been successful in having the Petition to Caveat of an unrepresented person dismissed because of one or more mistakes. This is a very strict technical area of the law and mistakes can kill your claim. Generally, even with a lawyer...

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  8. Aren't all named legatees and beneficiaries mandatorily notified before probate

    Answered over 2 years ago.

    1. George E Meng
    2. L Christopher Arvin
    2 lawyer answers

    Since you are in Maryland, I assume this is a Maryland probate. This answer is accurate for Maryland. When a person intiiates probate they are required to provide a list of names and addresses of those who are "Interested Persons." This is the List of Interested Persons. This is a term defined in the Maryland Code as: (1) everyone listed in the Will if there is a Will, these are known as Legatees (2) everyone who is a legal heir if there were no Will (these people are listed even if there is a...

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  9. Are there any dangers to prank calling?

    Answered about 2 years ago.

    1. George E Meng
    2. Thomas C Valkenet
    3. Mark William Oakley
    3 lawyer answers

    Judging by the numerous questions on this site about people wanting to sue people for everything under the sun, the only safe answer to your question is "Yes". We've gotten to the point where if a person has anything bad happen in their life, they think about suing somebody else. So you call somebody, they laugh so hard they lose their balance, fall down, hit their head on the table, end up with a subdural hematoma, have to have surgery to relieve the pressure, suffer some brain damage, and...

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  10. I would like to hire a certain attorney to represent me.

    Answered almost 2 years ago.

    1. George E Meng
    2. Florian Eqrem Tabaku
    3. Alan James Brinkmeier
    3 lawyer answers

    There is no one list to go to. If you want to look only at estate matters you can go to the Register of Wills online case search. But, you could waste a lot of time as what you get at online sites is docket entries which will not usually give you an idea of a win/loss record. If you want other courts, you can do a state wide search for District and Circuit court matters. But, again you get only docket entries. As to conflicts, your best bet is to call the lawyer. If there is no...

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