Archive for the ‘Learning Center’ Category
When is Guardianship Necessary? no comments
A person who lacks the ability to manage his or her affairs or make responsible business or healthcare decisions may need a legal guardian. Mental incapacity or cognitive impairment is a matter of degree.
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Guardianship FAQ no comments
- When is Guardianship Necessary?
- Can One Sign a Power-of-Attorney if One Has Alzheimers or Dementia?
- Is Guardianship Necessary if Someone Has Power-of-Attorney?
- Does One Need a Lawyer to File For Guardianship?
- How Does One Challenge the Validity of a Power-of-Attorney Made When a Person Has Limited Mental Capacity?
- Who Can Become Legal Guardian?
- How Can One Contest a Guardianship?
- How Does One Become a Legal Guardian?
- Can the Court Appoint Someone Other Than the Petitioner as Guardian?
- Does One Need Separate Guardians for the Person and for the Property?
ROB GOLDMAN LEGAL SOLUTIONS provides adult guardianship legal services in Baltimore, Dundalk, Essex, White Marsh, Abingdon, Bel Air, Havre de Grace, Owings Mills, Reisterstown and throughout Baltimore and Harford County, Maryland.
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How is a bankruptcy case affected by the death of the debtor? no comments
In a Chapter 7 bankruptcy case, the deceased debtor’s personal representative can act on the debtor’s behalf and obtain a discharge for the estate as long as there are no disputed claims that preclude this. In a Chapter 13 case, the case will be closed and it will be as if the debtor never filed so the claims will remain as potential claims against the estate. This is because Chapter 13 is designed for the debtor to repay creditors over time in accordance with a Plan approved by the bankruptcy court from funds earned by the debtor. Obviously, the debtor can no longer perform his obligations and so case will be dismissed.
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What are Caveat Proceedings? no comments
The procedure for challenging or contesting a Will is to file a “Caveat” against the Will, which will begin Caveat proceedings. The court will suspend the powers of the Personal Representative until the contest is resolved. Caveat proceedings can range considerably in complexity and cost. The prudent approach would be to consult with an attorney experienced in probate law and caveat proceedings to evaluate the strengths and weaknesses of the challenge and to help formulate an effective strategy to proceed as cost-effectively as possible.
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Is a Will valid if the author was mentally incompetent or didn’t know what they were signing? no comments
Allegations of mental incapacity, undue influence, abuse of a confidential relationship, coercion, fraud, and the like raise tricky factual and legal issues. The prudent thing to do is to consult with an experience probate lawyer as soon as possible.
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Does Maryland recognize common-law marriages? no comments
Maryland does not recognize common-law marriages and so parties who are unmarried have no marriage law rights of inheritance.
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How long does it take to administer or probate an estate? no comments
The typical process, if there are no complications that cause a delay, takes about 8 to 10 months, sometimes a little longer.
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What is a Spousal Election? no comments
The law in many states, including Maryland, provides some protection to a spouse against being disinherited by granting the spouse a right to elect to receive the statutory share of the decedent’s estate rather than the amount actually provided in the Will, if anything. One must following the procedure and file the election timely or the right to elect against the Will will lapse. For instance, a pre-nuptial agreement or a marital separation agreement may negate the spousal election. These matters are not always clear-cut and so one should seek experienced legal counsel to review the facts and issues before making any assumptions.
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Can a disinherited spouse or child contest the will? no comments
Anyone who is an heir, even if not a beneficiary can contest a Will. Whether the challenge has any real prospect of success depends on the facts and circumstances in each case. Will contest cases can be very complicated and the sooner one consults with a lawyer the better.
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When can the Personal Representative distribute the Estate assets? no comments
No personal property, including furniture and effects, money, stock or other securities, real estate or anything else may be distributed without prior court approval. The court needs to be satisfied that the estate is properly accounted for, that creditors have had an opportunity to file claims against the estate and be paid, and that the administrative expenses have been paid. A Personal Representative may be held personally liable for the failure to properly administer the estate if such failure results in creditors, including the taxing authorities not being paid in full.
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