Father passed away in Maryland

What is the name of your state?MD
My father passed away in 01/07 in Maryland. There are 3 children and my elder sister is the executor of the estate. 1 week before my father died of adrenal cancer my sister had him sign his home over to her, she also has her name on his stock portfolio. Our mother is previously deceased. Only 9 out of 13 pages of the will can be found, the will stated the estate be divided per stirpes. So it appears that my sister has taken all assets around the will anyway. I suspect I have a very big problem and I need help. I will add that verbally my sister states that she is taking care of the estate so we all will benefit, but I what I see is different from what I hear. Any ideas

Sorry about your loss.

You will need to ask a legal question.

How did "sign over" the home? Was there a mortgage on it?

What do you mean when you say that her name is on the stock portfolio?

father passed away in Maryland

My elder sister took my father over to a "friends" house whom is a notary and had her name added to the title. I do not remember seeing rights of survivorship. There is a small home equity loan on the home maybe $11000, but the home is worth $300,000. When my mother died many years ago my sisters name replaced my mothers on my fathers T.Rowe Price account and others. This is so depressing, it is bad enough losing your last parent without having to deal with garbage like this.

boatbum said:

Any ideas

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Retain your own lawyer to make sure your interests are handled correctly.

Retain lawyer

With everything already in my sisters name and only 9 of 13 pages of the will, I suspect I have no interests. It appears that it is probably a lost cause and would cost more than it is worth.

What year was the will written? Was it done with the assistance of an attorney?

He could have possibly been under the influence of medication which could have affected his judgment and you and the other heirs may have grounds for contesting the will (whether the other pages are located or not) for undue influence.

Does sister also have power of attorney? If so she might also be charged with abuse of POA if your state has laws against it if she is retaining assets that were not spent for your father's care.

Has she even begun probate at the county courthouse?

Yes, you would be very wise to consult with a probate attorney now.

DANDY DON IN OKLAHOMA ([email protected])

If dad was on a lot of meds, and his ability to make decisions that last week is uncertain, you may very well be able to challenge the transfers.

Many cancer patients are on narcotics for pain the last stages of cancer. Morphine is not uncommon. Do you know what dad was prescribed and taking? You need an elder law attorney ASAP.

How could the court accept a will as valid with pages missing?

father passed away in Maryland

Strangely enough my father was on no medications but cancer of the adrenal gland affects all hormones, my father was very difficult to get along with for the last couple of years, violent, hitting family members, he was even arrested for shoplifting. The will was drawn
up 5
years ago with an attorney, but the attorney claims not to have a signed copy. I wonder if
the missing will pages aren't missing on purpose.
My sister just did the taxes and was going to go to my fathers lawyer after the taxes were done, I do not think she has gone to the courthouse to start probate. She acts like since everything is in her name that there is nothing left to probate. Other then POA abuse is there any other recourse when an executor of an estate tries to pull a fast one? She very well might have had a POA. Is there atime limit for objections about how she is handling the estate. Thanks for all the imput, this is very difficult!

You need to see a lawyer pronto. It's worth spending a few hundred bucks if you possibly stand to gain ~$100,000.

How to find a good attorney

One of the reasons I came to this forum is to learn. The knowledge I need is how to find an attorney. All people are not created equal and that pertains to attorneys as well. The most common scenario I have seen is an atttorney immediately wants a large retainer but can guarantee nothing in return. How do I know if an attorney will work hard in my best interests? What if I am not happy with job the attorney does, or if the attorney doesn't return my phone calls or just plain talks around my questions. I have seen alot of that on this forum.

boatbum said:

The most common scenario I have seen is an atttorney immediately wants a large retainer but can guarantee nothing in return.

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Attorneys cannot make guarantees, but that does not mean that they do not deserve to be paid for their efforts. The results of any case is dependent on several factors beyond the control of any attorney, such as the facts, and the opinion of the fact finder.

boatbum said:

How do I know if an attorney will work hard in my best interests? What if I am not happy with job the attorney does, or if the attorney doesn't return my phone calls or just plain talks around my questions.

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Attorneys have an ethical obligation to provide their clients with competent representation. Lawyers who do not provide such representation open themselves up to malpractice suits, disciplinary action, and possible disbarment.

boatbum said:

I have seen alot of that on this forum.

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No offense to the members here, but it's clear that few are attorneys.

ForFun said:

No offense to the members here, but it's clear that few are attorneys.

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If you would, scroll to the bottom of the page and find this statement: "FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues."

Ozark_Sophist said:

If you would, scroll to the bottom of the page and find this statement: "FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues."

Click to expand...

No need to. I don't dispute the purpose of these forums.

Talk to a local social service worker or to the police department (or do a GOOGLE search) to see if there are any local agencies that have information about elder financial abuse. You are in a somewhat difficult situation since you don't know if there are any assets left in this estate, but it does appear that some type of abuse and/or undue influence has taken place here (looks like sis has abused POA to put assets in her name only) which unfairly cheated you. If there is enough evidence of this, the district attorney/police can prosecute this themselves without you having to hire an attorney to do it, but you may need help getting the groundwork done/evidence put together. How much of a retainer are the attorneys asking for? Keep consulting with one until you find one with a reasonable amount.

DANDY DON IN OKLAHOMA ([email protected])