Legal Question in Wills and Trusts in Maryland

Re: When is a Will Legal?

Your note raises a number of issues, all of which point to some questions about the validity of the will.

First, there's no such thing as an attorney who hasn't passed the bar. This is a potential misrepresentation to your grandmother which would bring the will into question.

Your aunt, by your description, may have had "undue influence" on your grandmother, which would also give grounds for contesting the will.

In any event, you should probably contact an attorney (one who passed the bar!!) to take a look at the will itself to check for other defects and to evaluate the situation in more detail. Feel free to contact me if you have questions.

Re: When is a Will Legal?

Further facts need to be developed to determine the validity of the document as a will and the availability of a challenge to the will provisions. There are a number of fact-specific issues under MD law that need to be carefully considered and dealt with concerning the will and 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; 4-29-2002, 10:05 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 a Will Legal?

A caveat contest needs to be filed prior to probate of the will. Basically, this means that

you need to file a formal challenge to the validity of the will and/or some of its provisions. Prior to the

filing of a caveat, the attorney who is probating the will can be contacted. In some cases agreements can be reached

with disputed matters without having to file in court; however, these agreements still need to pass through probate.

Factual matters will need to be developed. The fact that legal services were misrepresented to your grandmother is part of the overall matter.

Other fact specific matters may require inquiry and development such as those relating to undue influence, her capacity, the form and suitability of the language in the will (i.e., this is called the four corners test), whether the

will was properly effected (i.e., independent witnesses, etc.), and other matters. You should contact an attorney to pursue the matter.

All this being said, it is your father who has standing, that is a legal basis upon which to bring a suit. Unless you could show that your grandmother would have left property to you, you do not have standing to caveat the will.

Obviously you would have an interest in the property that your father owns, but with respect to property that could have been your father's, you do not have standing with an allegation of such derivative title.

Please be advised that timeliness is important, not only from a legal perspective but due to the age and health of your father.

Preparing a will in Maryland is the practice of law. In order to practice law, one must be duly licensed. Among other things, this includes passing the bar.

The name of the person who represented himself as an attorney should be referred along with a complaint to the Attorney Greivance Committee of the Maryland Board of Law Examiners, or contact the

Maryland State Bar Association at (410) 686-7878 for further assistance. Your inquiry should be based on "filing a complaint for the unauthorized practice of law." You should take action to report this culprit so that

he cannot continue perpetrating problems for others.

I am available if you should require legal assistance.

G. Joseph Holthaus III

(410) 799-9002