Legal Question in Wills and Trusts in Maryland
My childrens dad was killed in an auto accident 2 weeks ago. He was not at fault and the other driver has been charged. My children are 22 and 24. The will was prepared 15 years ago when the children were minors. The 81 year old out of state grandmother and the uncle also out of state are the executors. The grandmother wants both her son and herself to assign representative rights over to a family friend in the area. My children do not know this man. He has a lawyer "friend" that my eldest son went with him to see. This lawyer has told my son that a civil suit must be a part of the estate and that he wants 1/3 of any monies received in a suit but he will not charge them for handling the estate. Neither my husband or I trust this family friend. We believe he is in real estate and is looking out for benefitting himself. He had told my sons that it is in their best interest not to upset their grandmother as what their father was leaving them is only a drop in the bucket compared to what the grandmother could leave them. Does a civil suit have to be included in the estate and do my children have any rights in making decisions about the property their dad left them, namely his home, mortgage free and 2 vvehicles, one with a lien. Thank you very much!
2 Answers from Attorneys
I am sorry to hear of your children's loss.
Maryland law specifies who has priority to serve as personal representative if there is no will or if the named persons are not able to. Generally the children would be in higher priority to serve than an unrelated third party.
A civil suit must be included in an estate to the extent it seeks compensation for damages done to the decedent themselves. Wrongful death cases often have two components -- one part is the claim for what happened to the person who died (survival action) and one part is for the loss suffered by a spouse / family left behind. The first part has to be in the estate.
No, beneficiaries generally do not get to say what happens to probate property. The Personal Representative needs to disburse property per the will (or if there is no will then under the laws of intestate succession) and generally does not need to get permission or consent of the heirs to do anything.
Your children are encouraged to seek legal counsel as this answer only offers general legal information and is not a substitute for getting specific legal advice.
Suggest you talk to an attorney who handles MD estate administration matters. Information will need to be assembled and carefully reviewed for a proper analysis and determination of next steps to be taken. An experienced estates attorney in MD should be able to handle this type of matter and to protect the interests of the client. Please note that, in accordance with the MD Code of Professional Responsibility for Attorneys, a signed engagement letter is necessary in order to engage my legal services. If I can be of any help to you or people you know, contact me as I would be pleased to provide tax/legal support.
Sincerely,
Robert Beatson II, 12-28-2013, 4:10 p.m. EST
Law Offices of Robert Beatson II, 9818 Glynshire Way, Potomac, MD 20854
Email: [email protected]
Website: www.beatsonlaw.com
Practice areas: Tax, business law, computer/high tech/biotech law, intellectual property, trusts/estates/wills, real estate, litigation, mediation.
Licensed to practice law in: DC, MD, VA, and NY.
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