Legal Question in Wills and Trusts in Maryland
Executor hides assets and commits perjury
My grandmother died in Dec. 2000 and the estate is still in probate because the executor's accounting was questioned by me 1 year ago. It was discovered that he only accounted for half the stock (was supposed to be a 50-50 split between him and I), he didn't list 3 bank accounts of my grandmothers (2 of which had all three of our names on the accounts, and didn't list approximately $150k worth of collectible coins. When confronted about the coins he said my grandmother gave them to him. The coins were not listed in the will but the language in the will states that all real property not listed is to be divided equally between us. He took them out of her house before she died. The will also states that property not at her residence (meaning elsewhere) is subject to the same. Now it was discovered just last week the the appraisals of some jewelry had been altered by him (he did some photcopying magic to alter the documents). He has perjured himself numerous times by giving the Orphans Court fraudulent documents altered by him. I wrote to the court (all 3 judges received a copy) explaining what he has done, but I haven't got a reply. Can I take criminal action? How can I have him removed as executor.
1 Answer from Attorneys
Re: Executor hides assets and commits perjury
As a beneficiary, you have the right under MD law to petition for removal of the current Executor of the Estate and to question/correct 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 or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 10-13-2002, 10:35 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.