Estate Rights

[vj8069]

I have a friend who is a resident of Maryland. She and her husband did not live in the same household but were still legally married and not legally separated; they were married for 25 years total and did not live together for three. Her husband became seriously ill and recently passed away. His mother came from another state to be with her son prior to his passing. The day after his passing my friend went to her husbands home to ensure the arrangements that they had discussed were to carried out. They had discussed what he wanted and he had made all of the arrangements and informed her all of the papers would be left in his home for her, to include a will. She went to her husbands home after his death and the mother-in-law had removed all of the legal paperwork and tried to tell my friend that she had no legal rights. She also had made plans to dispose of his property and finances in the manner in which she chose. I would like to know what legal rights the mother-in-law has if any and what legal rights does my friend have to her husbands estate? She informed me that she talked with her husband and he knew that everything would go to her as his wife. He only asked her to ensure she made arrangements to take care of his mother after his death but, his mother is trying to control the situation. Who has what rights?

 

[ALawyer]

I don't know the facts BUT if he signed a new will your friend may have a problem.

SHE needs a lawyer. NOW, regatrdless.

 

[advisor10]

JUNE 11, 2001

DEAR VJ:

Your friend should hire a local probate attorney AS SOON AS POSSIBLE so that she can protect her financial interests and also can have the advantage of having a knowledgeable person guide her through the probate process. This attorney needs to know that his mother may have destroyed the will.

Her husband made a SERIOUS mistake by not discussing with her exactly where the papers were, or informing her who the executor would be, or IF he even had a will, or how financially well off she would be. (Is there life insurance? Pension benefits available? Stocks? Bonds? Mutual Funds? CD's?) But, people are often reluctant to discuss their final affairs.

The FIRST THING she should do is to file a form at the county courthouse to be the administrator or executor of his estate (or have the attorney serve in that capacity), so she/he can have the legal authority to start claiming his assets. Does she even know the name of his bank so she can claim the money from his checking/savings accounts? Can she contact his place of employment to find out about what benefits he had there?

If she does nothing, then the mother may have already begun trying to get control of his assets (BUT his mother DOES NOT HAVE LEGAL AUTHORITY to do so--only the EXECUTOR/ADMINISTRATOR DOES) and the executor/administrator can possibly reclaim anything that the mother may have already illegally received.

If his will was prepared by an attaorney, she needs to place a small classified ad in the local daily or legal newspaper to announce her search for his will, or call all the local probate attorneys in the city where he lived to ask if they have his will on file.

Why were these 2 people living apart?

Good luck on claiming your fair share of this estate--it's always difficult when you have to fight off greedy relatives.

SINCERELY,

[email protected]

 

[advisor10]

JUNE 11, 2001

DEAR VJ:

I forgot to give you some idea of what the attorney/executor might be charging to handle these affairs for you:

EXECUTOR FEES IN MARYLAND:
10% of the first $20,000 of the estate, plus
$2,000 plus 4% of any amount over $20,000.

A limit of 10% of any real estate sold by the executor.

SINCERELY,

[email protected]