Legal Question in Wills and Trusts in Maryland

I have been involved in a two year long contentious estate settlement. We ousted the first executor and the second hasn't been much better. Since we have been represented by lawyers during the battle with my sister the new executor will not speak to any of us except through our respective attorneys. This is not only costing us more in legal fees but it a PITA. Our lawyer has given him permission to speak directly to us but he refuses. I have repeatedly asked him for an update on the status of the estate - he called my lawyer and told her to tell me to stop bothering him. Doesn't he have a duty to tell my brother and I the status of the estate. ALso my sister forged my mothers name on two insurance policies on my brother and signed them over to herself - we don't know what the executor is doing about it - he won't tell us. Do I have a right to keep trying to contact him for information and since he is being so unprofessional - who do I call for help?


Asked on 3/24/12, 10:45 am

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Yes, you have the right to keep contacting him. But, he is under no obligation to answer or return your calls. The executor's fiduciary duty is to your mother's estate, not to a bunch of fighting siblings. You have made the right decision to hire a lawyer. I understand that you are frustrated and the lawyers are costing you money, but you are better off letting your lawyer do the work. If the executor is not doing his job according to the law, and/or you don't feel like the situation with your sister is being addressed appropriately, you need to tell you OWN lawyer and have your OWN lawyer initiate legal action on your behalf. I wish I could give you a better answer, but estate battles are usually not quick and they are typically painful due to the fact that it's typically family that is fighting amongst themselves.

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

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Answered on 4/04/12, 10:34 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

You can speak with another attorney for another opinion. "Two years" past which date is my question. You do not need permission from any attorney to speak to anyone. Call me to discuss why this estate has not been probated in accordance with Maryland law and why the attorney is unable to acquire resolution. I am an experienced probate attorney, call me to discuss your situation. Hiring another attorney after a prior attorney has not performed is problematic and I will discuss this with you.

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Answered on 3/25/13, 7:21 pm


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