Legal Question in Wills and Trusts in Maryland

Re: Rights Of Personal Representitives

The Personal Representative is in charge of the probate estate and as the surviving spouse she may have elective share rights to the trust. I do not think the threat of losing your share posed by the trustee if you contest the will is valid.If you or your mother is a beneficiary under the trust you should be able to see the document and/or force an accounting.

Re: Rights Of Personal Representitives

In order to determine what should be done in respect to the Will, your attorney would need to actually review the Will itself.

The interaction between the terms of the Will and the terms of the trust would also depend on what both actually say. What is included in the Will, and what was included in the trust?

You imply that the Will is vague, however, it probably at least contains a residuary clause, i.e., a paragraph which disposes of all assets of the estate not otherwise mentioned. This does not answer the question of what specifically may be included in the estate, and what may have passed via the trust.

Your brother is obviously adversarial and is making a claim which is probably untrue, i.e., that you would forfeit your rights simply by asking to see the trust. Just because your brother makes a claim does not mean that he is telling you the truth.

Regarding the Will, if your mother is the personal representative, then it is her legal obligation to open an estate with the local register of wills/probate office. If the trust assets are a part of the estate, your mother as personal rep. can obtain legal subpoena authority to get access to a copy of the trust documents, and also can demand an accounting from your brother--if necessary, bringing the matter to the attention of a judge for resolution. If there are conflicting claims among family members, they can all be presented in court. The judge will decide how to interpret the Will and the trust and then make his/her decision accordingly. Obviously, your mother needs to get an attorney immediately to assist her with this process.

Don't allow yourself or your mother to be bullied by a greedy relative.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]