The purpose of the spousal elective share law is to provide some protection to a spouse against being disinherited by granting the surviving spouse a right to elect to receive a percentage of the decedent’s estate instead of what, if anything, is provided in the Will. See Estate & Trusts Article 3-208. The statute also … Read moreWhat is the Spousal Elective Share?
Basic real estate succession planning typically is planning to ensure that your children (or whomever you want), will inherit your home when you die. For most folk, real estate means their personal residence and is their most valuable asset. For the purpose of this article, real estate includes virtually all kinds of real estate. Concerned … Read moreReal Estate Planning: Before & During Probate
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 … Read moreHow is a bankruptcy case affected by the death of the debtor?
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 … Read moreWhat are Caveat Proceedings?
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. Contact us now to inquire wills and related legal issues.
Maryland does not recognize common-law marriages and so parties who are unmarried have no marriage law rights of inheritance. Contact us now to inquire about our Maryland marriage law services.
The typical process, if there are no complications that cause a delay, takes about 8 to 10 months, sometimes a little longer. Contact us now to inquire about our estate probation services.
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. Contact us now to inquire about … Read moreCan a disinherited spouse or child contest the will?
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 … Read moreWhen can the Personal Representative distribute the Estate assets?
Typically, the decedent’s estate. However, frequently family members make last minute arrangements and sign papers at the funeral home agreeing to be responsible. If you signed such papers, you are personally liable. However, if there is enough money in the estate, you can be reimbursed. Contact us now to inquire about our estate legal services.