I used the correct form in attempting to file a Notice to Caveat, but I was informed by a clerk at the Register of Wills that I did not use the right format? What is the correct format for filing a Caveat in Maryland?
If you are serious about contesting the Will, you are making a mistake to try to do it without an attorney. I have been doing this kind of work for 39 years and have never seen an unrepresented person be successful. On the other hand, on a number of occassions I've been successful in having the Petition to Caveat of an unrepresented person dismissed because of one or more mistakes. This is a very strict technical area of the law and mistakes can kill your claim. Generally, even with a lawyer the statistical success rate for will contests is probably below 10%. Here, you've already got a mistake. Be wise, consult a lawyer.See question
Can we sue the title company and on which particular basis? A company bought the home from the imposter. The company listed the home 7 days later to sell to an investor. The company listed the home with a national brokerage firm. The listing a...
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 has bad title and they will be looking to sue someone if they are not involved in the fraud. When you sue someone it is civil; when the State's Attorney brings charges it is criminal. I echo the advice of the other attorney, contact an attorney who handles real estate litigation. The limits on suit is too long a response for this kind of thing. The lawyer you speak with can explain further.See question
House and other properties are still in his name and the deceased wife. He has two step-daughters
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 ages. Again, contact a lawyer.
The deceased owns nothing in their own name bank accounts, stocks or real property, etc is it necess ary for the will to be filed and or probated?
Wills only control assets which the decedent owned solely. So, joint items, items with beneficiaries, and pay on death assets are not controled by the Will. Even though there are no assets controled by the Will, in accordance with a statute, the original Will should be filed with the Register of Wills. It will be filed as a "Will of No Estate" and there will be no probate.See question
I wrote my friend two checks for a total of $40 for services that she told me she would do: buy some stamps to send some mail for me ands pick up and pay for my prescription meds. She did neither but deposited the checks. Is there anything I can d...
I assume this is a Maryland situation. This is why we have small claims court. You can file a small claim against her for return of the money and costs related to the lawsuit. Whether or not you prevail on the claim is up to the judge who hears the case.See question
I went to small claims court, and plaintiff won his original amount PLUS attorney's fees and court costs. The trial wasn't just so I appealled and was given a "fairer" de novo trial. The new judgement said I wasn't responsible for attorney's fees ...
If this is a Maryland case, theoretically it is possible. See Rule 1-341 which reads: "In any civil action, if the court finds that the conduct of any party in maintaining or defending any proceeding was in bad faith or without substantial justification the court may require the offending party or the attorney advising the conduct or both of them to pay to the adverse party the costs of the proceeding and the reasonable expenses, including reasonable attorney's fees, incurred by the adverse party in opposing it." Be aware however that judges are very reluctant to find bad faith or lack of substantial justification.See question
So... I enjoy prankcalling. I do it to blow off some steam (don't ask). Can someone please let me know if I can get in trouble or jailed for a few innocent prank calls to the same person? I basically left funny voicemails with songs and silence......
Judging by the numerous questions on this site about people wanting to sue people for everything under the sun, the only safe answer to your question is "Yes". We've gotten to the point where if a person has anything bad happen in their life, they think about suing somebody else. So you call somebody, they laugh so hard they lose their balance, fall down, hit their head on the table, end up with a subdural hematoma, have to have surgery to relieve the pressure, suffer some brain damage, and have $50,000 in medical bills and sue you because you made a prank call.See question
My brother died several years ago and left his estate to my nephews. Situations keep arising where assets in the estate remain but wern't included in the will. Organizations locate me as the nearest living relative. In some cases I have received p...
Often there are assets such as life insurance where there is either a designated beneficiary or the contract provides for a beneficiary other than the probate estate. These assets legally pass outside the provisions of the Will.See question
My aunt had a will, it stated that if she dies, her sister would be next in line, but her sister died before she did. It was heir property. Does my aunts exector have to distribute the fund through probate court? And will the fund come to me, due ...
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.See question