My husband"s father passed away and left no will. He has two brothers, one estranged and one incarcerated for murder etc.. My husband and I are looking into getting the house in our name.. The estranged brother will sign a wave of bond, no prob...
Assuming this is Maryland property, someone needs to start probate at the office of the Register of Wills in the county where his father lived if he was a Maryland resident or the county where the property is. Maryland law provides that if a parent dies without a Will and without a spouse that his children and the issue (children, grandchildren, etc) of any deceased child take equal shares. The brother who is incarcerated can't act as Personal representative and if the estranged brother has or will also Consent to your husband being PR he can start probate. For detailed information on probate, see the publications about administering estates here http://registers.maryland.gov/main/packets.htmlSee question
She left 9 children .... we are wondering what do we do now?
Assuming your mother was a resident of Maryland someone needs to determine if she had a Will. If so, the Will will specify who has the right to initiate probate. If there is no Will and no spouse then any one or more of the children can initiate probate. I suggest you read the Register of Wills booklet on administering estates in Maryland and if you don't understand consult with a lawyer. The booklet may be found here http://registers.maryland.gov/main/packets.htmlSee question
My son will be going to Iraq as a civilian contractor. He is planning to add my name to his checking acct and also give me durable POA while he is gone to be able to manage his finances and pay bills for him. Is this adequate to manage things fo...
Make sure that the POA is in the Maryland statutory form and that it is signed as the statute requires. The siging requirment is more strict than that for a Will.See question
My briefs has been submitted and my case was heard on january 18th. From that date how long will I have to wait to hear of a decision
Because COSA cases are heard by panels of 3 judges and there are 12 judges total, the number of possible combinations of judges is quite high. Then within the 3 that hear the case, any one of them might be writing the opinion. And that one might get sick, be slow or write an opinion that the others suggest need revisions. All this goes to say that predicting when an opinion might come out is impossible. I've had them be as short as 3 weeks and well over a year. The one I'm waiting on now was argued on 10/2/12. My experience is that the average is in the range of 2 to 3 months. I'm waiting on one from our Court of Appeals that I argued in June 2008.See question
I have not found a will. The deed and loan on the house is in his name only. He recently financed a truck in his name only. He has two bank accounts in his name only. He also has various credit cards/loans in his name only. My biggest concern is t...
I'm assuming you live in Charles County. You need to go through a process called probate. It will be done through the office of the Register of Wills which is on the first floor of the Circuit Court courthouse in La Plata. Some people handle probate without a lawyer but you've given enough information for me to say that doing it without a lawyer will probably just create more problems for you. Take a look at this booklet on the Register of Wills site. http://registers.maryland.gov/main/packets/AdministrationBooklet07.pdf
Section 5 is important as yours would probably be a regular estate. It will give you a good idea about whether you can handle this without a lawyer's assistance.
I would like to see who this paticular attorney has represented regarding similar situations and how well they have done regarding winning and loosing. In addition, I want to make sure they have no recent or long standing relationship with who I ...
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 conflict, your next best
step is to ask questions of the lawyer.
George E. Meng
85 Sherry Lane, Suite 1B
Prince Frederick, Maryland 20678
I used the correct form in attempting to file a Notice to Caveat, but I was informed by a clerk at the Register of Wills that I did not use the right format? What is the correct format for filing a Caveat in Maryland?
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 the statistical success rate for will contests is probably below 10%. Here, you've already got a mistake. Be wise, consult a lawyer.See question
Can we sue the title company and on which particular basis? A company bought the home from the imposter. The company listed the home 7 days later to sell to an investor. The company listed the home with a national brokerage firm. The listing a...
The person who has the right to sue is the Personal Representative assuming the estate is still open. He probably can't sue the title insurance company because there is no contract with them. If by "title company" you mean the company that handled settlement, chances are that you can't sue them either. But there are potentially others who can be sued. For example if a notary certified that a person appeared and that person did not appear, the notary is subject to suit. The buyer of the property has bad title and they will be looking to sue someone if they are not involved in the fraud. When you sue someone it is civil; when the State's Attorney brings charges it is criminal. I echo the advice of the other attorney, contact an attorney who handles real estate litigation. The limits on suit is too long a response for this kind of thing. The lawyer you speak with can explain further.See question
House and other properties are still in his name and the deceased wife. He has two step-daughters
I assume this is a Maryland resident.
You reference a change to a Will. Thus, I assume he had a Will. As a spouse, you have a right to elect a statutory share instead of what you are left in the Will even if you aren't mentioned in the Will. There is a strict time limit to elect a statutory share. I suggest you contact a lawyer immediately.
If he had no Will, Maryland intestate law controls and you get a share of his estate that is different depending upon whether he had children and their ages. Again, contact a lawyer.