luvtotravel
Junior Member
What is the name of your state (only U.S. law)? Maryland (Anne Arundel County).
I would appreciate getting an interpretation of dad’s will. He passed away a month ago (lived in Maryland). This is a portion of the will (I understand the rest of the will):
Third: I give, devise and bequeath all of my property, real, personal, and mixed, of whatever nature, kind, description, type, sort, character, and wherever situated, unto my children John Doe and Mary Doe, share and share alike, absolutely and in fee simple, per capita and not per stirpes. In the event that one of my children shall have predeceased me, then and in that event, I give, devise and bequeath the said deceased child’s share as aforesaid until my surviving child, absolutely and in fee simple.
Fourth: I nominate and appoint my son, John Doe, as Personal Representative under this will. If he shall have predeceased me or fails to qualify, or having qualified, should die, resign, or become incapacitated, I nominate and appoint my daughter, Mary Doe, as Personal Representative in his place. I direct that my Personal Representative be execused from the necessity of giving bond.
Fifth: I give and grant to my Personal Representative, his successor or successors, the following powers which shall be construed broadly and which may be exercised by him as in his sole discretion if he deems advisable, in addition to and not in limitation of his common law and statutory powers: To allot, assign, care for, collect, contract with respect to, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, invest, lease, manage, mortgage, grant, and exercise options with respect to, take possession of, pledge, receive, release, repay, sell, sue for, to distribtue in kind or like, and, in general, do any and every agreement with respect to the property inculded in my estate which he could do if he were the absolute ower thereof.
My father had a townhouse, which I believe still has a mortagage.
If my brother chooses, under the fifth paragraph of the will, to sell the townhouse, will I still get half of the final amount or does he get the entire monies because of the fifth paragraph. What if he decides to hold or take possession of the townhouse? Does he have to buy me out 50% of today’s market value of the townhouse? If he decides to improve the townhouse, does the funds that makes the improvements come from dad’s estate (bank account)?
I’m not sure if the third and fifth paragraphs condradict each other or if the wording is just not understandable to me; Or how it affects me with regard to how my brother decides to handle the townhouse.
Also, if I am listed as a beneficiary with any life insurance, pension, or other benefits (dad worked for the federal government) is my brother responsible for letting me know that I am a beneficiary and to provide me with information in order to persue said benefits?
Thank you.
M
I would appreciate getting an interpretation of dad’s will. He passed away a month ago (lived in Maryland). This is a portion of the will (I understand the rest of the will):
Third: I give, devise and bequeath all of my property, real, personal, and mixed, of whatever nature, kind, description, type, sort, character, and wherever situated, unto my children John Doe and Mary Doe, share and share alike, absolutely and in fee simple, per capita and not per stirpes. In the event that one of my children shall have predeceased me, then and in that event, I give, devise and bequeath the said deceased child’s share as aforesaid until my surviving child, absolutely and in fee simple.
Fourth: I nominate and appoint my son, John Doe, as Personal Representative under this will. If he shall have predeceased me or fails to qualify, or having qualified, should die, resign, or become incapacitated, I nominate and appoint my daughter, Mary Doe, as Personal Representative in his place. I direct that my Personal Representative be execused from the necessity of giving bond.
Fifth: I give and grant to my Personal Representative, his successor or successors, the following powers which shall be construed broadly and which may be exercised by him as in his sole discretion if he deems advisable, in addition to and not in limitation of his common law and statutory powers: To allot, assign, care for, collect, contract with respect to, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, invest, lease, manage, mortgage, grant, and exercise options with respect to, take possession of, pledge, receive, release, repay, sell, sue for, to distribtue in kind or like, and, in general, do any and every agreement with respect to the property inculded in my estate which he could do if he were the absolute ower thereof.
My father had a townhouse, which I believe still has a mortagage.
If my brother chooses, under the fifth paragraph of the will, to sell the townhouse, will I still get half of the final amount or does he get the entire monies because of the fifth paragraph. What if he decides to hold or take possession of the townhouse? Does he have to buy me out 50% of today’s market value of the townhouse? If he decides to improve the townhouse, does the funds that makes the improvements come from dad’s estate (bank account)?
I’m not sure if the third and fifth paragraphs condradict each other or if the wording is just not understandable to me; Or how it affects me with regard to how my brother decides to handle the townhouse.
Also, if I am listed as a beneficiary with any life insurance, pension, or other benefits (dad worked for the federal government) is my brother responsible for letting me know that I am a beneficiary and to provide me with information in order to persue said benefits?
Thank you.
M
