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Who appoints an executor of my father's estate?

Asked almost 3 years ago - Fort Washington, MD

My father died last year without a will. My stepmother is trying to get my siblings and I to sign paperwork from the Court of Orphans to make her the executor of my father's estate. Does she have the right to do that? What are my rights as an adult child of my father's estate?

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Attorney answers (2)

George E Meng

Reputation Level 11

Answered almost 3 years ago. Probate Attorney in Prince Frederick, MD.

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In Maryland when your father died without a Will, a statute provides that the Personal Representative [PR] (what we call an Executor) can be his spouse or any one or more of the adult children. Sounds like she is trying to get you to sign a consent to her being PR.

If you wanted to be PR, you would start by trying to get everyone's consent just like she's doing.

Without a Will , the estate goes essentially 50% to the spouse and the remainder divided among the children.

This can be a lot more complicated than this so please get a consultation with a lawyer.

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Anne Debelius Lopiano

Reputation Level 11

Answered almost 3 years ago.

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George Meng gave you a great answer. The Court Orphans Court (or the Register of Wills as its administrative arm) appoints the Personal Representative. Be aware that all is not lost even if your stpemother does get appointed. She is still legally obliged ot follow all the rules of law and give to you your lawful share. You can monitor her administration of the estate, by looking at the probate estate court file yourself from time to time, for instance to see what she says is iin the "Inventory" if estate assets, what estate expenses she is claiming,and any secured or other debts she says are due and payable from the estate.

Anne D. LoPiano 301-593-6770 Olney, MD

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