Legal Question in Wills and Trusts in Maryland
Friend of deceased files claim against estate
I am the administrator of my deceased aunt's estate. My aunt didn't leave a will. Her next door neighbor and his wife were very close friends with my uncle(now deceased 2/1996)and my aunt(recently deceased 1/29/2004). He told me on several occassions that he, his wife, my uncle and aunt were such close friends; they would go to various civic functions, hunting and dinner together. The neighbor new my aunt had a large abmount of cash on hand ($60,000)and she supposedly told him it was his when she died. He sent me a letter demanding $15000.00 for his services he did for her ie., bank/store/doctor/pharmacy/cemetery errands. He told me she offered him monetary tokens from purchases he made for her, but he turned them down. By his own admission he would use her car for errands when she was with him. He is claiming he had helped her for 2555 days @ 15 hrs. per week for the past 8 years, 2/1996 - 12/2003. My aunt was found dead on the floor in her livingroom 1/29/2004. The neighbor never mentioned that he didn't want to help her nor did he say it was becoming more of a job. I look forward to your reply.
5 Answers from Attorneys
Re: Friend of deceased files claim against estate
There are several matters here. First, has the neighbor made a claim against the estate? Second, what is the size of the estate in relation to claims against it? According to Maryland statute, wages, salaries, and commissions for services performed within 3 months of death are of a lessor priority to many other claims. The duration of services in your situation extends far prior than 3 months of death and the outcome of this matter would resolve around many facts which are not described in your question.
If you are not satisfied with the performance of the personal representative or probate attorney, you should contact an attorney to represent your fair interest in the estate. (410) 799-9002
Re: Friend of deceased files claim against estate
How many times is this happened in a neighbor wants to take advantage of someone's estate. The only way he can do so is to show that there was some contractual agreement. That would be an agreement in writing or an oral agreement. If it is an oral agreement he has a two-year statute of limitations so he can only get two years back worth of "good deeds". But she consistently refused in the past two years to accept any monies then, I would say he's out of luck. Your question is not complete in terms of whether or not a probate has been started. If one has iwhy arn't you asking your own attorney. There is a four-month statute of limitations and after you send notices to all know or reasonably known creditors regarding creditors claims. This would satisfy the creditors claims statute. Therefore, if you sent him a notice he has four months in which two file a claim. If you did not send him a notice but he knew the probate was started you can well argue that he should have filed his claim timely and he is too late. I don't think he has a right to anything but a very nice "thank you very much for helping my relative".
Re: Friend of deceased files claim against estate
The Personal Representative under MD law has the responsibility to administer the estate and to consider all properly filed claims against the Estate. Further information needs to be developed in connection with such a claim and the ability of the Personal Representative to allow or disallow such a claim under MD law. There are a number of fact-specific issues under MD law that need to be carefully worked through. 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 Maryland Rules of Professional Conduct 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; 7-13-2004, 11:50 a.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: Friend of deceased files claim against estate
Thank you for your question. Obviously the way your question is structured, you believe that his services were gifts to your aunt and need not be compensated. However, there may be many additional facts omitted. The best advice is to consult with an attorney in assisting you with the probate. If you want to discuss this more in person, please do not hesitate to contact me at 408-268-2580.
Sincerely,
Kai H. Wessels, Esq.
Re: Friend of deceased files claim against estate
Has he made a claim against the estate, and has the time run for him to do so? If there is a claim, it's worth talking with an estate/probate attorney about to judge the strength of it and to see whether settlement is a good idea.
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