Maryland - Stepmother is sitting on will

[Clover]

My father passed away 9-16-01 in Allegany County, Maryland.

Prior to his death ( he was ill ), he informed me that he had a will, and that my stepmother ( of 3 years ) was listed as executor. He did not tell me who his attorney was.

The stepmother insists there is no will. I called the probate court in the county, and nothing has been filed.

We have tracked down a copy of a will he made 20 years ago. According to the probate court, this would be considered a valid last will and testament.

My brothers live in Florida, and I live in Iowa.

Do you have any suggestions for us, regarding this matter? Especially regarding the stepmother stating there is no will. What about the executorship? What, if after we file the will into probate, she comes up with a more current will? Also if the will was changed in the past 3 years that he was ill, could we find out if it was changed under duress?

How do we find out what his assets were? We know he owns property in his name only, and was active in the stock market. Also when he became ill, he put some joint property that he and I owned into my name, because he was concerned upon his death that his wife would try and take it.

thanks for your help!

Clover

 

[advisor10]

10-24-2001

DEAR CLOVER:

You should consider hiring an attorney who lives in the same city or county (where your father lived/died) to be personal representative of your father's estate. (The term EXECUTOR is used only when there IS a will, but in this case there is no will, so the term personal representative is used). It might be difficult for someone who lives out of state to be a personal representative.

This attorney would have the advantage of being there to have access to local information whereas otherwise you would have to take time off of work to go to Maryland to take care of everything.

It is the personal representative who can then begin to take care of claiming all of your father's assets and go through the probate process to divide up the property among all heirs. If the wife produces a will, then that will need to be considered, but I doubt she has one. She is trying to keep everything secret so she can claim everything. Even if she produced a will, his children would be entitled to a share of the estate.

Your attorney can file a petition to force her to produce the will, if there is one. You could also place a small classified ad in the local newspaper asking that if anyone knows about this will, to produce it (if the will was prepared by an attorney and they happen to see the ad, the attorney can contact you or submit the will to the court).

The will that was made 20 years ago might possibly be accepted for probate, but even if it doesn't mention the current wife, she would still be eligible for a share of the estate.

To find out the value of his property (I assume you mean land or house), you can check with the County Assessor's office in Maryland to find out the value of his property (if you know his exact address) and if property taxes have been paid up to date.

To get an idea of his other assets (bank accounts, CD's, stocks, bonds, etc.) a private investigator could get a copy of your father's credit report and you would also need to contact various brokerage houses to check to see what stocks your father had and at which companies. If your father was employed at the time of his death, check with the personnel department of his company to find out what job benefits were available.

SINCERELY,

[email protected]

 

[Clover]

Hi agian,

Thanks for your advice. We have retained an attorney in Maryland. At least we don't feel like we are sitting here unable to do nothing!

Clover