Gary D Altman’s Answers

Gary D Altman

Rockville Estate Planning Attorney.

Contributor Level 4
  1. Sister executor of my step dad's estate. she passed before disbursing 1/2 of funds to me. do I have any legal recourse?

    Answered almost 2 years ago.

    1. Gary D Altman
    2. Celia R Reed
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    LIke most estate planning and estate administration, it depends on the terms of your step-dad's Will. If the Will says that your sister gets the entire estate, then without some sort of written document, you are going to have a hard time proving she made a gift to you. On the other hand, if the Will says that you and her split the account, then it has to be given to you, or else you can object in the probate court (called the Orphans Court in Maryland).

    5 lawyers agreed with this answer

  2. We live in the state of Maryland.....how do we setup an estate after my mother died and left no will. What are we to do?

    Answered over 2 years ago.

    1. Gary D Altman
    2. George E Meng
    3. David M. Goldman
    4. Edward Samuel Clay
    5. M. Todd Miller
    5 lawyer answers

    Yes, under Maryland law, if your mother owned any assets in her own name an estate probate proceeding must be opened. Only the property in her own name, with no beneficiary noted, is subject to the probate process. To get started, one or more of the children would petition the probate court (called the Orphan's Court) to become appointed Personal Representative (i.e., Executor). Once appointed, there is a process that must be followed in order to administer the Estate and eventually...

    5 lawyers agreed with this answer

  3. Loan discharged by bankruptcy. Deduction in will & mention of applying credits to the loan for payments made. No longer a loan?

    Answered almost 3 years ago.

    1. Gary D Altman
    2. Mark William Oakley
    3. Robert D. Mannor
    4. James P. Frederick
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Unfortunately for you, your mother has the absolute right to divide her estate any way she wants, unless she was not competent or someone was unduly influencing her. The other possible avenue for challenge is that she had material facts wrong. In your case, she made a loan to you, that is clear. Your bankruptcy discharge does not consititute a payment. In other words, your mother was saying that she advanced you part of your inheritance, but if you paid it back, you would still get your...

    4 lawyers agreed with this answer

  4. My father dyed from asbestos related cancer and the entire payout? Less than 20k. He got much more when he when he alive.

    Answered almost 3 years ago.

    1. Thomas C Valkenet
    2. Gary D Altman
    3. John H Denick
    4. Andrew Ronald Gillin
    4 lawyer answers

    Much of the answer depends on where your mother died. The probate processes in each state differ, so it will be important to hire an attorney familiar with the local probate process. A petition could be filed in the local probate court asking for your aunt's removal as executor and/or requesting that she disclose all relevant documents. Ultimately, the answer lies in the original settlement regarding the asbestos case. Good luck.

    3 lawyers agreed with this answer

  5. Our attorney lost our signed wills and stated it's of "no concern" since we probably won't die soon.please advise.

    Answered over 2 years ago.

    1. Mark William Oakley
    2. Gary D Altman
    3. James P. Frederick
    3 lawyer answers

    Your lawyer should have given you a choice, i.e., whether your retain the original or the attorney does. This is always a difficult question. While it is true that lawyers die, retire, move offices, and that clients move, it is also true to most of the families of my clients who have kept their original wills are unable to fine them when a death happens. If we keep the clients originial wills, then we give a copy ot the client stamped to say we have retained the original wills. If the...

    2 lawyers agreed with this answer

  6. I have apower of attorney that will end upon my husband"s death. What do I need to do next?

    Answered over 2 years ago.

    1. Jennifer E Mandell
    2. Steven M Zelinger
    3. Gary D Altman
    4. Stephen Wills Murphy
    5. Steven J. Fromm
    5 lawyer answers

    As others have said, whether or not the Will is valid is dependent on where you live. If in Virginia, it would be valid. However, if you want to bullet proof your Will (and how you want to leave your assets at your death), you should contact an experienced estate planning attorney who should be able to structure your assets and draft the appropriate documents to fulfill your goals and objectives.

    3 lawyers agreed with this answer

  7. My father died suddenly 18 years ago and a small insurance policy just surfaced. How do I claim the money for my siblings and I?

    Answered over 2 years ago.

    1. Gary D Altman
    2. David E Ledyard
    3. James P. Frederick
    3 lawyer answers

    At some point, your father named a beneficiary. If that beneficiary is alive, then that who is entitled to the policy. If there is no living beneficiariy, then the insurance policy may have a default beneficiary, which would likely be our father's children. If the insurance policy does not have a default beneficiary, then the proceeds wold likely go to your father's estate. In Maryland, there is no form like you were asked to get. Instead, you will probalby have to go get appointed as the...

    1 lawyer agreed with this answer

  8. Can a trustee designed to act after the person s death see the will before the person is dead?

    Answered almost 3 years ago.

    1. Gary D Altman
    2. Joseph Franklin Pippen Jr.
    2 lawyer answers

    No, he can not. Remember, your husband, if capable, can change his revocable trust at any time. Therefore, until he dies, the alternative trustee has no right to act, and therefore has no right to any informaton.

    1 lawyer agreed with this answer

  9. I am a non-US citizen and wanted to ask about nominations of my US bank accounts and my condo that I own in the US.

    Answered over 2 years ago.

    1. James P. Frederick
    2. Ala M. Hamayel
    3. Matthew Erik Johnson
    4. Gary D Altman
    4 lawyer answers

    You should create a living or revocable trust naming your parents as the beneficiaries. While you are alive you have full control and access to the assets owned by the revocable trust. you are the sole beneficiary and the sole Trustee. The revocable trust uses your social security number. You can transfer ownership (or title) to your condo to the revocable trust. That means filing a new Deed in the courthouse. As for the bank account, you can either transfer the account so it is owned by...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My mom left a living trust and my trustee is not following what my mom put down, can i change my trustee

    Answered over 2 years ago.

    1. David Raymond Mahood
    2. David M. Goldman
    3. Gary D Altman
    4. Steven M Zelinger
    4 lawyer answers

    As others have stated, if the living trust is not being followed, then the appropriate action is to petition the court to remove the Trustee. You may also have a claim for damages (to recover the money that may have been wrongfullyl taken).

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