George E Meng’s Answers

George E Meng

Prince Frederick Litigation Lawyer.

Contributor Level 12
  1. My Husband recently passed away. He has some assets - all in his name alone. What is my next step?

    Answered about 2 years ago.

    1. George E Meng
    2. Jonathan J Goldberg
    2 lawyer answers

    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/...

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  2. In Maryland what happens if someone dies with a will and the living spouse is the only named benificiary?

    Answered over 2 years ago.

    1. George E Meng
    2. James P. Frederick
    3. Steven J. Fromm
    3 lawyer answers

    Wills only control assets which the decedent owned solely. So, joint items, items with beneficiaries, and pay on death assets are not controled by the Will. Even though there are no assets controled by the Will, in accordance with a statute, the original Will should be filed with the Register of Wills. It will be filed as a "Will of No Estate" and there will be no probate.

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  3. After your case has been heard by the courts of special appeals, what is the average wait time befor a decision is made

    Answered almost 2 years ago.

    1. George E Meng
    2. Ian Thomas Valkenet
    3. Thomas C Valkenet
    4. John C Belcher
    4 lawyer answers

    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...

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  4. What is the usual and customary hourly rate for a personal injury case in this area?

    Answered almost 2 years ago.

    1. George E Meng
    2. Brandy Ann Peeples
    3. Christian K. Lassen II
    4. George Costas Andriotis
    4 lawyer answers

    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...

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  5. Maryland Code stipulating Lawyer fees for Probate administration

    Answered almost 2 years ago.

    1. George E Meng
    1 lawyer answer

    Technically whatever is a reasonable charge. We have a statute that regulates PR Commissions. Which are limited to approval by the court or the heirs/legatees but cannot exceed 9% of the first $20,000 and 3.6% of the remainder. There is an unwritten "rule" that in a routine probate, the combination of PR Commission and attorney fees should not exceed those percentages. Usually to go beyond that, there needs to be either litigation or something quite unusual that justifies the higher amount....

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  6. Grandma passed away 6 yrs. ago. Uncle is personal rep. An imposter got an ID in my grandma name & sold the house. Can we sue?

    Answered over 2 years ago.

    1. George E Meng
    2. Thomas C Valkenet
    3. Steven M Zelinger
    4. Lawrence Roger Holzman
    4 lawyer answers

    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...

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  7. Are executor fees in MD based on death of death values of appraised property $900K vs alternate value $650K

    Answered almost 5 years ago.

    1. George E Meng
    2. Steven J. Fromm
    3. E. Alexandra Golden
    3 lawyer answers

    Maryland PR Commissions are by statute based upon "property subject to administration". For property that is not sold and instead distributed in kind, that value is what is reported in the Inventory. The statute governing Inventory requires that the value be as of the date of death. If the property is sold, the gross sales price is the figure that is used. Note that PR Commissions per statute ARE NOT a fixed percentage. Rather, the commission may not exceed the fixed percentages of 9% of the...

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  8. What are my rights?

    Answered about 3 years ago.

    1. George E Meng
    2. Mark William Oakley
    3. Helen M Smith
    4. Martin L Bearg
    4 lawyer answers

    I suggest you take this in steps: (1) Probate needs to be commenced for your mother so that a Personal Representative will be appointed and there will be someone with legal authority to proceed to step 2. (2) The PR of your mother’s estate should demand that the PR of your aunt’s estate distribute the share of the property by Deed (I am assuming the PR of your aunt’s estate filed a final account showing distribution to your mother of her share). If the PR of your aunt’s estate refuses or fails...

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  9. When does a administrator of a estate take their 10 % fee from the estate

    Answered over 3 years ago.

    1. George E Meng
    2. Anne Debelius Lopiano
    3. Steven Alan Fink
    4. Eliz C A Johnson
    4 lawyer answers

    In Maryland a Personal Representative under court governed probate is entitled to request the court to approve a commission. He cannot take the commisssion legally without court approval. There is a statute that specifies the maximum commission that a court can approve. The maximum is 9% of the first $20,000 and 3.6% of the remainder of the assets subject to administration. So in a $120,000 estate the maximum would be $1800 + $3600 = $5400 and that is the maximum. As you can se it is no where...

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  10. 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.....

    Answered over 1 year ago.

    1. Thomas C Valkenet
    2. George E Meng
    3. James P. Frederick
    3 lawyer answers

    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...

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