Legal Question in Wills and Trusts in Maryland

hello.my father died on the 4th of nov,2010 and left his girlfriend/fiance the executor of his will.he had myself as my brother listed but she made him remove us because my father owed her money.she does not like me or my brother and has no intention in giving us as much as a shirt of his.my mom passed away in 2004 and my father has posession of my moms jewelry and family photos of us as kids and our family biible.not only did my fathers mother enter his home the nite he died and take all my fathers jewelry that was not to be givien to her, but as well took my mothers jewelry in a lock box and refuses to vgive it tome or anyone.she is 82 and a bit desturbed.as my fathers biological daughter as is my brother,what are our rights as his children?he had a life insurance policy as well,and because of the estrangement from certain members of his side of the family,they will not tell me anything nor will his girlfriend.Please Help Me?


Asked on 11/11/10, 2:47 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

My advice would be to hire a Maryland probate attorney who can discuss your options with you, which may include suing the girlfriend in her capacity as executrix of your father's estate. It may also include filing for an injunction against the executrix, preventing her from selling or gifting any of the assets of the estate (for instance, the jewelry, family bible, etc).

As for the life insurance policy, if you know the life insurance company that holds the policy, you are free to call and write them stating that you believe you are a beneficiary under the policy. Since life insurance policies typically fall outside a deceased's estate, the executrix will likely have no ability to block any life insurance pay out if you are, in fact, a beneficiary under that policy.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 11/16/10, 3:25 pm


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