H. Mark Bobotek’s Answers

H. Mark Bobotek

Ellicott City Elder Law Attorney.

Contributor Level 3
  1. Change deed before or after parent passes away?

    Answered over 1 year ago.

    1. Margaret Ann O'Reilly
    2. Joseph Franklin Pippen Jr.
    3. Steven J. Fromm
    4. H. Mark Bobotek
    5. James P. Frederick
    5 lawyer answers

    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.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Christopher B. Johnson
    2. Michael Raymond Daymude
    3. H. Mark Bobotek
    4. Scott Irvin Brear
    4 lawyer answers

    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...

    4 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. James P. Frederick
    2. H. Mark Bobotek
    3. Eric Jerome Gold
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. H. Mark Bobotek
    2. Helen M Smith
    2 lawyer answers

    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.

    1 lawyer agreed with this answer