Legal Question in Wills and Trusts in Maryland
My father-in-law passed away in February 2009. My husband passed away in September 2002. Prior to my father-in-law's death and after my husbands death I was told that my father-in-law had left me and my 2 children in his will. To this date the remaining siblings were named as trustees on the property that was owned. None of the siblings will disclose the will and it has not been registered. His wife who has alzheimer's lives with one of the siblings. I was informed that the will was re-written and signed by her, Can this be done and how do I find out whether I stand to inherit.
1 Answer from Attorneys
If property was titled in your father-in-law's name alone at the time of his death, an estate will need to be opened to transfer such property and it should pass under the last will. Whoever opens the estate should file the last will if one existed. Note that if your father and mother in-law owned property jointly then such property may automatically pass to the surviving spouse by title and not go through the probate estate at all.
It is possible to force an estate opening and also to obtain a limited order to locate a will.
No one can legally change/sign a will for someone else.
You may want to check with the Register of Wills to see if an estate has been opened. You also may want to research how property was titled at the time of your father-in-law's death. You may benefit from legal assistance in this regard and might want to contact licensed counsel in your area.
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