Legal Question in Wills and Trusts in Maryland
My brother passed away unexpectedly approx. 1 mo. prior to my mother who was dying of cancer. The last 30 days of her life she resided in my sister's home and was on hospice and receiving morphine. Nine days before she passed away, my sister took our mother to an attorney to have her name put on the deed to her house to avoid inheritance taxes and to be able to settle the estate. She was named as administrator of both estates in the deceased wills. My mother, brother and sister all resided in MD and I reside in Florida.
My brother left everything to our mother if she survived him and if not to my sister and 2 nephews. My mother lived appox. 33 days after my brother. In her will, she left everything to be divided amongst the grandchildren. When I came up for the funeral, my sister told me that Mom had left the house to the grandchildren but for me not to tell them at that time. She said she would be getting all of the neices and nephews together for a mtg. at her home to discuss her will and told all of them the same thing. This meeting never transpired but her son had informed some of the other nephews that Granny had left the house to the grandchildren on the day of her funeral.
My brother married a Phillipino woman when he was 60 yrs. old and had 1 child. He had purchased a home in the Phillipines and property over there which was put in his wife's and her family's name. They spent most of the year in the Phillipines but he owned 2 homes in Md. One in which he rented out. When he died, he was listed as having over $96.000 in stocks and bonds at the registar of wills and my mother was said to have over $32.000 in savings and bank accts. He was retired from Lever Bros. and had a nice retirement package. What life insurance he had, I do not know. It is important to know that my brother had a pre-nuptial agreement that had expired and his will was written after his marriage. His wife never did pursue becoming a US citizen.
When my brother passed away, my sister gave his widow $60,000. At first, she had told the lawyer handling the estate that the will was written before his marriage but I corrected that information since it was written after his marriage.
My sister never let me or her nephews know they were mentioned in my brother's will.
It is my understanding, that since my mother lived 33 days past the dod of my brother, she was to inherit all of his estate. Therefore, it should be dispersed according to what it states in her will. My sister is not carrying out my mother's wishes. She has not included the homes in the settlement of the estates. When I inquired as why Mom's house was not listed, she said her name was on the deed and she could do what the hell she wanted with it. I'm assuming she is taking the same attitude about my brother's homes, as they are not listed in the estate either.
As far as I can see, she has just added the money that was listed as savings in my mother's account and the amount listed as stocks and bonds in my brother's account and is using those amounts as the total to be divided among the inheritors.
My brother had our mother's name on his savings and probably most of what he owned in MD and my mother's property was to be divided 4 ways according to her will.. One-fourth to our deceased brother, one-fourth to my sons, one-fourth to my sister's sons, and one-fourth to our nieces. Since our brother passed away before our mother, his portion was to be divided among the grandchildren listed in the will.
Can she legally lay claim to our mother's home or my brother's homes saying legally they are hers when she knows that was not my mother's intentions. I feel she is taking advantage of my mother and her wishes on her deathbed and while under the influence of morphine. Is there anything that can be done? The grandchildren have not received the money but received a settlement sheet from her attorney.
She knows she is being dishonest since she had even told me that our mother had left her home and property to the grandchildren. Should she have to provide documentation of everything, properties, bank accts. stocks, bonds, life insurance to the heirs? Can they request that info? What avenues are open to them? Please advise. P.S. My brother's wife has returned to the Phillipines.
1 Answer from Attorneys
Maryland law requires that a a will be filed in the Register of Wills in the county where the deceased person resided. http://www.registers.state.md.us/html/pamphlet2.html
I think you should consult with a Maryland attorney at least by telephone about whether the administration of the estate was proper and whether the deed transfer was valid. Regards,