Legal Question in Wills and Trusts in Maryland

Father recently died in MD leaving two adult children. Eldest is executor. The youngest just found out the house deed and the bank accounts and some investments are joint in eldest/executor and fathers name only. The house in MD is paid but has a second note due in four years with father and eldest/executor on note. Small estate with will that has not been seen by youngest. Father and youngest always on great terms but eldest and youngest have long seated sibling rivalry issues. Eldest/executor said everything belongs to them only and told youngest to come get what things you want and be done. House is in bad shape but could be eligible for teardown as in prime location. Eldest/executor refuses to sell but keep and fix up over the years to come. Youngest wants to know can the eldest/executor cut them out totally, refuse access to will and keep all proceeds? Youngest wants to sell house now and split but eldest/executor says no and old sibling rivalries is placing a strain on all. What can youngest do? Does this go to probate?


Asked on 7/15/10, 6:17 am

1 Answer from Attorneys
Sean T. Morris Law Office of Sean T. Morris

Your question raises many issues that cannot be resolved in the limited space allotted here. Much will depend, however, on how it was that the older sibling's name was placed on the deed, bank accounts, investments, etc. Particularly if this change happened recently, the possibility exists that it was the result of undue influence and the younger sibling could have a basis to challenge the older sibling's ability to take possession of all these assets. It sounds like there are a substantial amount of assets at stake and the younger sibling would be well advised to contact an experienced lawyer who can provide a full consultation on the issues at stake. If she is not certain that the older sibling is carrying out the father's wishes, she should not simply allow the sibling to do as she pleases. Good luck, and feel free to email ([email protected] or smorris@milesstockbridge) with any questions.

Yours,

Sean

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Answered on 7/15/10, 11:45 am


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