Legal Question in Wills and Trusts in Maryland

Re: Did my brother steal from our surviving mother from my dad's will?

You need an attorney to review the actual paperwork you are referring to. (I can help you with this, see below.)

It sounds like what your brother did was to apply to the court to have himself appointed as a substitute personal representative of your father's estate, i.e., in the place of your mother. This does not necessarily mean that your mother consented to it.

However, as a child of the decedent, you would be regarded as an "interested party" in any estate proceeding concerning your father's estate. Therefore, you should have received notice of the opening of your father's estate, as well as notice of your brother's application for substitution as personal representative; and further, you should have been given an opportunity for a hearing before the court to challenge your brother's appointment.

If you have not received proper notice of these activities, then it sounds like the proper procedure has not been followed, and you may have much to be concerned about. You will definitely need an attorney to investigate further and to attempt to take corrective action on your behalf. If proper procedures were not followed, and you did not receive proper notice, you may be entitled to void any activities your brother may have taken in connection with your father's estate. But, move quickly, as the law imposes strict time limitations on your ability to address such improprieties.

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.]

Re: Did my brother steal from our surviving mother from my dad's will?

As a beneficiary and interested person, you have the right under MD law to petition for removal of the current Executor of the Estate and to question/correct any Estate reports that are filed. Further information needs to be developed in connection with the filing of such legal actions. There are a number of fact-specific issues under MD law that need to be carefully worked through concerning the Will and 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, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 10-17-2004, 2:05 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: Did my brother steal from our surviving mother from my dad's will?

From your question it appears that your brother opened the estate of your deceased father. The court is now in the process of determining a personal representative. From the underlying facts it appears you were named in the Last Will and Testament as a personal representative. It appears that you may have priority over administration of the estate.

Whether your brother has exceeded any authority granted to him cannot be determined without further review. Your right to serve as personal representative may be actionable to address this matter. Otherwise, you have other alternatives available to you.

Your case should be reviewed by an attorney. One aspect of inquiry is whether you are an interested party. This varies depending on factors such as language of the Last Will and Testament, whether notice was made, and your specific disposition pertaining to the estate. Another factor is whether the estate is being administratively or judicially probated. It appears that judicial probate is occuring. You should obtain the assistance of an attorney if you have any doubts as to how your father's estate is being addressed. Lack of timeliness may be adverse to your situation.

Should you require my assistance, I am available at (410) 799-9002 or by return e-mail.