Legal Question in Wills and Trusts in Maryland

Maryland Probate. Mother dies without a will, siblings cannot agree on anything, one sibling was left 100K in an investment account in joint-ownership and has converted funds to her name only and wants to split everything equally; remaining siblings cannot agree on anything including the real and personal property (worth less than 50K).

Sibling with 100K is thinking of using the 100K as leverage to bring everyone together in a share and share alike settlement. If greedy siblings will not cooperate, then split the 100K with the few siblings that were not greedy, and leave the greedy siblings to fight over the 50K.

Question: Since the one sibling already has sole ownership of the 100K, is the 100K safe from the greedy siblings or can the greedy siblings get their hands on the 100K?


Asked on 8/02/11, 5:11 am

1 Answer from Attorneys
Paula McGill Attorney at Law

The personal represenative of the estate needs to handle this matter. If one hasn't been designated, any one of the siblings can seek appontment from the court. If the PR needs assistance, a lawyer should be retained to resolve this dispute. This matter may have to resolved in court.

However, by law, after your mother's creditors have been paid, the intestate estate is divided equally among the children. Whether the investment account is part of the estate is a legal question based upon how your mother set it up.

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Answered on 8/02/11, 9:43 am


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