Legal Question in Wills and Trusts in Maryland
Personal Representative
Mypartner of 18 years passed away March 2004. He appointed his nephew as Personal Representative. I have a copy of the will and my partner left the house and all contents to me, also there are monies in mutual funds he left to me as beneficiary. Nothing to this date, (9/23/04) has been done with the will. I am paying all of the bills for the home, including one that was for a loan on the property. I have to go into my savings every month to take care of all these bills. The nephew claims he needs a lawyer to handle the probate of the will, does he? I am depleting my savings and don't know where to turn. The nephew hasn't even notified the creditors that his uncle has passed away. I have never been through anything like this, don't know what to do or where to turn. Everything has to be done in Baltimore City, where I live and my man passed away. Is there a time limit on something like this? The nephew (I believe) is giving me the runaround. He already came to my house and took things out of the garage, that he said his uncle left to him and the son. Now the nephew says he wants to come back and get the rest of the things out of the garage. For some reason, I don't trust the nephew. Please can someone help.
1 Answer from Attorneys
Re: Personal Representative
If property of the estate is beginning to waste then you should contact an attorney. You are an interested person and may begin the probate process despite non-action by the named personal representative. As the intended beneficiary of the last will and testament, it is your interest that is at stake.
Probate of a last will and testament can be done without an attorney. However, it is a detail intensive process with numerous requirements. You may find an attorney's assistance helpful.
The process begins by opening the estate. A filing needs to be made, then a letter of appointment of personal representative will issue, notices and an inventory are needed, then an accounting and taxes. There are other duties that are required of the personal representative. A personal representative owes an obligation to close an estate properly.
The probate process takes some time to complete. Tax penalties may accrue if not paid timely or an extension is not filed. Do not delay with opening the estate. If you are encountering difficulty at the onset, you should contact an attorney to assist you.
Contact me at (410) 799-9002 or by return e-mail.
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