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H. Mark Bobotek

H. Bobotek’s Answers

4 total

  • Process of settling estate. No will. Relatives emptied house. No executor.

    My children's father passed away. There was no will. The sisters cleared out the house and claimed to have put everything in storage. There is no executor or administrator. The children live in MD and their father lived in NJ and died in a hospita...

    H.’s Answer

    Because their dad was a NJ resident, the children should consult with a NJ lawyer promptly because the estate matters need to be handled there. Under the law of most states, when there is no will and no surviving spouse, adult children will have priority to be executor. However, sometimes a delay (meaning not applying promptly to be executor) will let others step in.

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  • Can I become temporary guardian if the mom got the paper notorized?

    The child stays with his grandma but his mom wants me to take care of him. He's 16 and will be 17 on june 6, 2013.

    H.’s Answer

    Under Maryland guardianship law, one is a minor until age 18, but a youth over 14 years old can tell the judge who the youth wants to live with and the judge will respect that choice unless there is a good reason not to do so. This applies to guardianship of the person only (who the youth lives with); it does not apply to guardianship of the property (who manages the money). See Maryland Estates and Trusts Code, section 13-702.

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  • Can the lawyer go ahead with dispersment of a living trust if one of the three benificearies does not agree to it .

    it's 1/3 split and my sister decided she didnt' want something and took cash instead, then split it between me and my other sister but before she did that she emptied out the account of that and put it in the trust to be split 3 ways. plus she is ...

    H.’s Answer

    If the trust is administered in California it will be governed by California law and you need to consult a Cal. attorney (which I am not) to represent you. When I advise Trustees, if there is any hint of a dispute over asset division, we draft a letter that is to be signed by all beneficiaries BEFORE any assets are distributed. The letter agrees to the distribution as a full and final settlement. If any beneficiaries are unwilling to sign, we advise the Trustee to seek a court order directing distribution.

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  • Change deed before or after parent passes away?

    Deceased father, terminally ill mother, 27 year old son to inherit home per the mom's will, deed currently in mom AND dad's name. Should the deed be changed to add son and subtract dad before mom passes away, or let son inherit home. City of Richm...

    H.’s Answer

    You've gotten a lot of good advice already. Just one more thing. You don't say whether the plan is to keep the home or sell it. If you will want to sell it soon, it may be easier to do a "life estate" deed while mom is living. This would avoid the capital gains tax, and also avoid the (usually year-long) period after mom passes away during which the house would be hard to sell because of probate and creditor rules.

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