Legal Question in Wills and Trusts in Maryland
non related beneficiary
I lived with,not married to, a man for 17 yrs. He passed away March 13, 2004, leaving a will. Leaving the house and all contents to me. His nephew is personal rep for the will. I have mutual funds, as beneficiary, in my name and the deceased niece's name, never saw the quarterly reports since 2002. All funds of any kinds in the newphew's hands. Won't tell me where they are or what monies they have accumulated. Am being kept in the dark about everything. What can I do? So afraid the nephew will try to take my house. Name not on the deed. But have the original will. Nephew is not paying any debts, not letting anyone even know that the Uncle has passed. Feeling there is something not right. What can I do. Want to at least have what is mine, nothing else.
2 Answers from Attorneys
Re: non related beneficiary
Once an estate is opened in Orphans Court (which is part of Circuit Court), various requests for production of information can be made. If the estate has not been opened then action can be taken to open the estate.
In your instance, it appears that a request for an accounting is appropriate. During the administration of an estate, various information is to be provided and it needs to be assured that this is being done.
You may require further action where there is squandering of the estate or other inappropriate use of estate assets. Moreover, you may need to address a situation where the bequethals (i.e., the gifts made through the estate by the deceased) are not being given proper effect.
Contact me at (410) 799-9002 should you need assistance.
Re: non related beneficiary
Assuming that you have an original, valid will in your possession -- and that the deceased did not sign another will at a later time -- you need to retain an attorney to assist you in opening an Estate and appointing the person named in the will as personal representative (executor) of the Estate. Once that has been done, under the authority of the court the personal representative can compel the nephew to turn over all of the papers that are needed to probate the estate.
Please phone or email if I can be of assistance.
Richard S. Stolker, telephone 301-294-9500, email [email protected].
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