Legal Question in Wills and Trusts in Maryland
My mother in-law and father in-law made their oldest son the executor of their will in Maryland, he lives in PA and has been convicted of two felonies. My mother in-law past on November 21, 2013. My father in-law will not listen and replace him with someone not a child. My brother in-law has not filed the will and has given everything she had stated in the will that went to certain people such as my husband and I and has given EVERYTHING to other people not listed in the will, and states...he is in charge and will do as he wants. From what I have read in the FAQ section of the Register of Wills for Maryland he is violating several laws, 1- by being her child, 2-by being a convicted felon, 3- by giving everything to those not named in the will 4- by not have it inventoried, 5, by not having it appraised, etc,...etc,...etc,...my husband is going to try and talk to his dad today and if they still refuse we are calling the Register of Wills Monday morning....what can happen to my brother in-law and father in-law and what will the Register of Wills do about this??
1 Answer from Attorneys
Has an Estate been opened? Are there probate assets? You must sit with a lawyer to answer these questions before moving to the more complicated issue of whether a petition for probate should be filed, and whether a petition to appoint or remove a Personal Representative must be filed.