George E Meng’s Answers

George E Meng

Prince Frederick Litigation Lawyer.

Contributor Level 12
  1. Maryland Code stipulating Lawyer fees for Probate administration

    Answered over 1 year 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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  2. 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 almost 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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  3. Are executor fees in MD based on death of death values of appraised property $900K vs alternate value $650K

    Answered over 4 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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  4. What are my rights?

    Answered almost 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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  5. 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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  6. 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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  7. My probation officer is pushing through a summons for a case review. Should I seek legal representation in regard to this issue?

    Answered over 1 year ago.

    1. Ian Thomas Valkenet
    2. George E Meng
    3. William Asa Grafton
    3 lawyer answers

    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.

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  8. What happens to a credit card loan through the bank when both are deceased? What happens to the car loan if both are deceased?

    Answered over 1 year ago.

    1. George E Meng
    2. Mark William Oakley
    2 lawyer answers

    I'm assuming for this answer that your parents lived in Maryland. On the truck, depending upon how it was titled, it will end up either all in your father's estate, all in your mother's estate or 50% in each estate. The estate Personal Representative (PR) holds the title and has control over it. I expect the title shows a lien for the debt so that it can't be sold without payment of the debt. It is the PR of the estate that controls sale. The PR acts just like you or I would in selling our car -...

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  9. What are my rights as a new wife if my husband died before he changed his will?

    Answered about 2 years ago.

    1. George E Meng
    2. Nicholas Bernard Proy
    3. Brian C. Snell
    3 lawyer answers

    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...

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  10. If heir propery was left by will to a sister who died first who gets the proceeds

    Answered about 2 years ago.

    1. George E Meng
    2. Steven J. Fromm
    3. Steven M Zelinger
    3 lawyer answers

    I am assuming this your aunt was a Maryland resident and Maryland property is involved. As Mr. Fromm wrote the first step is to review the Will. There's a good chance it includes a provision that if the sister (who I take it is your mother) does not survive than the estate goes to the sister's heirs. From what you wrote, I assume you are the only heir. All distributions called for by Wills go through probate. I suggest you at least get a copy of the Will and call or see a lawyer for a consultation.

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