Legal Question in Wills and Trusts in Maryland

Re: Abandoned Estate

There are a number of issues here. You do not indicate whether your brother had title to the boat, whether there are any liens (e.g. unpaid loans) on the boat, etc.

The legal owner of the boat would appear to be your brother's estate. Until your brother's estate goes through probate, you would not be legally entitled to claim ownership of it. As possessor of the boat, however, you may have a duty of bailment (e.g. it was entrusted to you for safe-keeping). You might also be able to charge the estate for your reasonable costs connected with keeping the boat (i.e. rent, etc.)

It is not clear why you did not probate the estate. I am assuming you were named in your brother's will as the personal representative.

Further, your brother's two children may have an interest in ownership of the boat, as his legatees or heirs.

Consult an attorney.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]