Legal Question in Wills and Trusts in District of Columbia
When Executor is Deceased
A gentleman dies in 1961 in D.C., leaving 3 children (2 now dead, 1 alive). $40,000 in unclaimed stock is discovered in 2001.
(1) If his estate executor is now deceased, who has the authority to claim this stock? Can the living child do it?
(2) Is it legally required to be distributed according to the terms of the will?
(3) How is it distributed--do the grandchildren of the decedent get the share their deceased parents would have gotten (if they had lived), or does the deceased parents share revert back to the estate to be distributed otherwise?
Thanks for any assistance.
2 Answers from Attorneys
Re: When Executor is Deceased
The Estate would need to be reopened under MD law by a properly qualified relative for probate of the discovered stock. The will provisions control distribution of the discovered stock. There are a number of issues under MD law that need to be carefully considered and dealt with concerning the administration of the Estate. An experienced probate/estate planning attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of MD. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 4-15-2002, 11:40 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
Re: When Executor is Deceased
(1) if the executor is deceased, someone else
who would qualify as executor under the will,
or a child or other relative, would need to re-
open the estate to probate the stock. (2)The
stock is legally required to be distributed
according to the terms of the will. (3) If the
will uses the words "per stirpes" or similar words
regarding disposition of a bequest to a
predeceased heir, then the property goes to the
descendants of the predeceased heir. Otherwise
the property goes by way of probate in the
estate of the predeceased heir. We can assist
you by reopening the estate and handling the
paperwork for this if you wish. We do not charge
for a review of the will and an initial consultation.