Legal Question in Wills and Trusts in Maryland
Mother-In-Law's Estate
My mother in law passed away 6 months ago. She has 2 children from her first marriage (my husband and his sister) and 1 from her second. Her 2nd husband is a convicted felon an has not spoken to my husband or his sister since the funeral. My mother in law has an open lowsuit for Asbestos Lung Cancer that has payments coming into the estate. The 2nd husband is in jail and no estate was opened yet. My sister in law has requested to be personal representative, but my husband feels that they should both be on it. Would that really make any difference. Doesn't the personal rep have to show proof of everything they do to the estate?
1 Answer from Attorneys
Re: Mother-In-Law's Estate
A personal representative can really make a mess of things if they don't perform their duties properly. Yes, they must account for all action they take, but that doesn't guarantee they'll get it right.
If your husband is concerned about his sister's ability to handle the job alone, they could both serve as co-personal representatives, which requires concurrence for taking certain actions.
The second husband, being in jail for a felony, isn't eligible to server under ET � 5-105(b)(3) of the Maryland Code. Your husband and his sister sit at the same priority for requesting appointment as personal representative.
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