As the executor, I properly and timely notified my brother (not in the will) and so did the Register of Wills a year ago. Though an heir at law, "interested person", there was a will with me mentioned as the only legatee. If he were to have filed ...
Under Maryland law a Petition to Caveat a Will must be filed within 6 months of the appointment of a PR under the Will that is to be challenged. The statute is E&T Section 5-207 and reads:
§ 5-207. Petition to caveat will
(a) Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time prior to the expiration of six months following the first appointment of a personal representative under a will, even if there be a subsequent judicial probate or appointment of a personal representative. If a different will is offered subsequently for probate, a petition to caveat the later offered will may be filed at a time within the later to occur of:
(1) Three months after the later probate; or
(2) Six months after the first appointment of a personal representative of a probated will.
(b) If the petition to caveat is filed before the filing of a petition for probate, or after administrative probate, it has the effect of a request for judicial probate. If filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined. In either case the provisions of Subtitle 4 of this title apply.
We bought a house July 2009, just went through paperwork and found two signatures that are not mine. They even misspelled my name. I never looked at the paperwork before because I have been dealing with a cancer diagnosis.
Generally, it's not appropriate for someone to sign your name to a legal document unless they have your permission or a power of attorney from you.See question
A wife's husband dies and his name is on a title to living Parents property. The oldest brother is going to use the death certificate to remove his name from that and other financial instruments. Is there anything for the wife to do? Is this a ...
It is a probate AND real estate question combined. It depends upon how the title is structured. For example, if the husband is on title with the parents as a joint tenant then upon the husband's death title passed to the parents and a death certificate will do the job. On the other hand, if title was not as joint tenants, then the husband's ownership interest is subject to being probated and will pass under his Will to the people named in the Will or if no Will than to his wife and children.See question
My lawyer is being unresponsive about my case after I paid him. He has done nothing about my case and my court date is coming up soon and has not made any effort to get in touch with me. I have been trying to get in touch with him for the past wee...
I agree with the other answer but that may not be realistic. The type of case you have will make a difference. How judges handles changes of lawyers differs between civil cases and criminal cases. It also differs between District Court and Circuit Caourt and the appellate courts. You should at a minimum consult by phone with another lawyer who can get additional information from you to assess the situation.See question
Wife left the area and I do not know where she is. His estate was never probated. I am the only child.
It depends upon whether you owned the house as a joint tenant with your father or as a tenant in common. You tell that from the deed. If it was a joint tenancy, then upon your father's death you became the full owner. If it was a tenancy in common, your father's share must be probated. If you call, I will look up the deed and tell you which it is.See question
Wills in the State of Maryland....I really don't want my adult son to get anything when I pass,he has not been in my life for a long time.....I want everything to go to my daughter who is ALWAYS taking care of me.......should I leave him a minimal...
Lawyers will have opinions both ways. Leave something or leave nothing. When a parent chooses to cut out a child, that's a tip off to an estate planning lawyer that a Will contest is a serious potential. That creates a situation where a knowledgeable lawyer can take a number of steps to make a Will contest very difficult to win. Those steps depend upon a person's particular circumstances. You would not be wise to try to do this on your own. I suggest you use a lawyer who has some experience with Will contests to do your Will and build in the necessary preventive steps.See question
To place this in further context, I am on supervised probation due to a conviction on a DWI. In addition, to supervised probation for the next year and a half, whereas six months have already lapsed, I had to have an interlock device implemented i...
This is really a "no brainer". With 3 violations, you are at serious risk for a violation of probation and incarceration. In my opinion, the answer to your question is a loud YES.See question
I have submitted the first account and now want an attorney to finish the process . There is a home ( mortgage free ) involved and brother is staying there rent free . He changed locks , will not provide mail , etc . I am the personal repre...
Be happy to have a phone consultation. Just call.See question
i live in Maryland . Born in the 60s . My Mother named me " Smith " , her then husbands name . ( not my biological father's ) last name . So Smith is recorded on my Birth certificate . . I was registered in school as Jones . my real da...
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. If that's what's going on, time to act is perhaps not so critical. One other thing is that because there is a Will and people are making noise, I presume that someone has started probate or will soon do so. If you are doing the probate, you probably should hire a lawyer to assist you and answer these kinds of questions.See question
I terminated my attorney for non performance.
As noted by the other attorney, almost all PI cases are handled on a contingency (percentage) basis. However, an attorney and client could enter into a contract for it to be done on an hourly basis and some contingency contracts provide for an hourly rate in the event that the attorney is terminated by the client. Hourly rates vary greatly depending upon many factors including the experience of the lawyer and how much demand there is for the lawyer. Very generally, in Maryland those rates are usually above $100/hour for a very inexperienced lawyer and can go to over $500/hour for an experienced lawyer.See question