Legal Question in Wills and Trusts in Maryland

Re: When is probate necessary?

Under MD law, you have the right as a beneficiary to question/correct the administration of the Estate. Further information needs to be developed concerning the account titles, etc. in connection with the filing of such legal action. There are a number of fact-specific issues under MD law that need to be carefully worked through concerning the administration of the Estate. An experienced probate/estate planning attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of MD. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 12-15-2002, 9:30 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.

Re: When is probate necessary?

Probate is necessary, in accordance with Maryland law, where assets of an estate are left for judicial determination. Often assets are left outside of judicial determination through contractual arrangements with a trustee. Whether or not the trustee is applying the intent to the advantage of the benefactors is a fact based matter that seldom overturns the intent of an instrument. "Pay on death" benefits are usually uncontestable unless it can be shown that there is undue influence, incapacity, or other deficiencies upon adoption of the POD agreement. If you are unsure as to any of these matters, you should contact an attorney for review and consultation services.

G. Joseph Holthaus III

(410) 799-9002

Re: When is probate necessary?

I would agree with Mr. Wood's answer UNLESS the sister was named as joint owner "with rights of suvivorship". If this were the case, upon your mother's death, that property passes immediately to the sister. You should have someone in MD investigate this seemingly small but very important detail.

Re: When is probate necessary?

I think your sister has a problem. It would seem, absent other facts, that she has spent $75,000 of your money. Now, however, she may have some medical debts to pay of your mother's, since she kept your mother during her last illness.

See the link about Maryland intestate law at:

http://www.finance.cch.com/pops/c50s10d190_MD.asp

YOu need a probate lawyer in Maryland and you may need to sue your sister. If your mother was a Georgia Resident when she died, GA intestate (absent a spouse of yoru mother living at the time she died) would still divide the property 50/50 between you and your sister. HCW