• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Urgent help: no will for great grandparent from 1978

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

isis297

Member
I am in serious need of advice because at this point, I don't know what the truth is. The case is in Maryland.

My great grandmother died in 1978 without a will. At the time, my grandmother and great uncle were living there taking care of her. They continued to live there after her death. My great uncle died later having never married or had any children. My grandmother continued to live there until her death in 2004. She had a will which covered another house she owned in another neighborhood. My mom is the executor of her will and we are both at wits end about what is going to happen with my great grandmother's house.

The problem is, my great grandmother had another daughter who died 10 years before she did (1968). Her two children never spoke to my family after that moment. Several lawyers have told us that her two children are entitled to a half of the house but based on when my great grandmother died in 1978. Our lawyer says that they are entitled to half but based on the value now in 2006 and that we have to sell it. We can't buy them out if we wanted to. In addition, the two children to date (14 months later) haven't responded to any letter our last lawyer sent which our new laywer says their portion would go to the State then!

My mom and I are a wreck about this because, emotionally, we don't feel they should get anything but if they are due something, we feel it should be based on when my great grandmother died in 1978. Another lawyer said that because my great aunt died before my great grandmother that her two children shouldn't be due anything.

I know because there wasn't a will this is tricky but would just love to get some finite answers because all we are getting is "this is what I think it is but I have to look into it more". As I said, we are a wreck. My grandmother left two mentally challenged relatives behind that my mom is guardian for now and if these two "cousins" who disowned US are due half of the current value of the house, that is really going to hurt my mom, aunt and uncle.

Thank you for any advice.
 


Ohiogal

Queen Bee
If there is no will according to Maryland Statute the following happens if there is no spouse --

3-103. Division among surviving issue.








The net estate, exclusive of the share of the surviving spouse, or the entire net estate if there is no surviving spouse, shall be divided equally among the surviving issue, by representation as defined in § 1-210.








[An. Code 1957, art. 93, § 3-103; 1974, ch. 11, § 2.]

http://www.michie.com/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0




Your great grandmother's other daughter gets a portion of the estate. Since she died her children get her portion to split among themselves. There was a screw up by not having it probated way back in 1978. You need to get this taken care of. Good luck!
 

isis297

Member
Which date though?

I had told my mom I thought the "cousins" would get a portion because that was in everything I had read too in the case of no will. The thing I can't find anywhere is whether the amount will be based on the value in 1978 or when it's sold now. Nor can I find what would happen if we can't get a response from them or if they refused their portion if that was even a possibility. Any ideas on either of these?

Thanks.
 

seniorjudge

Senior Member
isis297 said:
I had told my mom I thought the "cousins" would get a portion because that was in everything I had read too in the case of no will. The thing I can't find anywhere is whether the amount will be based on the value in 1978 or when it's sold now. Nor can I find what would happen if we can't get a response from them or if they refused their portion if that was even a possibility. Any ideas on either of these?

Thanks.
The house is worth what the appraisal (which, if you don't have, you need one right away) shows it to be worth now.
 

isis297

Member
Appraisal

We had an appraisal done the beginning of last year I think it was. I would guess the house is worth a bit more now with the way the market has been in MD the last year or two.

I cannot believe this is happening. Can they refuse their portion and then would it go back to us? Or if they don't contact the lawyer, what is the statue of limitations and then what happens to their portion?

Is the statue of limitations from when my great grandmother died though since that is when they should have inherited anything? While I doubt we could prove if they were sent a letter, my great grandmother's death was put in the paper.
 

seniorjudge

Senior Member
isis297 said:
We had an appraisal done the beginning of last year I think it was. I would guess the house is worth a bit more now with the way the market has been in MD the last year or two.

I cannot believe this is happening. Can they refuse their portion and then would it go back to us? Or if they don't contact the lawyer, what is the statue of limitations and then what happens to their portion?

Is the statue of limitations from when my great grandmother died though since that is when they should have inherited anything? While I doubt we could prove if they were sent a letter, my great grandmother's death was put in the paper.
No one can tell you anything because the estate of great grandma has not been probated; once that happens, you will know who is entitled to what, plus amounts.
 

isis297

Member
probate

How long should probate take? We had a lawyer we just dismissed because he wanted us to sign a form I think relating to inheritance tax but it wasn't filled out. He got very angry with us for not "just signing it" but after talking to others have been told it should have been filled out. The new lawyer went to see what had been done because the old one won't return his calls and won't give my mom her files back and found that 14 months after the fact, nothing had been started as far as the courts are concerned! No estate was opened or anything!
 

seniorjudge

Senior Member
isis297 said:
How long should probate take? We had a lawyer we just dismissed because he wanted us to sign a form I think relating to inheritance tax but it wasn't filled out. He got very angry with us for not "just signing it" but after talking to others have been told it should have been filled out. The new lawyer went to see what had been done because the old one won't return his calls and won't give my mom her files back and found that 14 months after the fact, nothing had been started as far as the courts are concerned! No estate was opened or anything!
Probate will probably take two to three years.

If you want to fire an attorney, get your files from that attorney and go hire a new one.
 

isis297

Member
previous lawyer

He won't give my mom her files back. He said she owes him, for what after hearing he didn't even open the estate, I don't know especially since she paid him some money upfront. The new lawyer said he can't demand payment now because that has to be entered with the estate information and he gets paid from that. Of course, he won't call my mom or the new lawyer so my mom is letting the new one work on getting her files. Either way, she doesn't have her files because he won't give them to her at this point.
 

seniorjudge

Senior Member
isis297 said:
He won't give my mom her files back. He said she owes him, for what after hearing he didn't even open the estate, I don't know especially since she paid him some money upfront. The new lawyer said he can't demand payment now because that has to be entered with the estate information and he gets paid from that. Of course, he won't call my mom or the new lawyer so my mom is letting the new one work on getting her files. Either way, she doesn't have her files because he won't give them to her at this point.
He won't give my mom her files back.


Attorneys are not allowed to do this; file a complaint.

http://www.courts.state.md.us/attygrievance/overview.html
 

isis297

Member
I'm sorry...

I just wanted to ask again, can the cousins disclaim their portion and then would it still go to the state? I had read somewhere that when there is a will, an inheritant CAN disclaim their portion at which point it would go back into the estate to be distributed amongst anybody else in the will. Can this be done without a will?

I'm sorry for so many questions. I am just so disturbed by all of this and after 14 months feel my mom and I haven't been given the straight scoop about much of anything.

Thank you for all of your time.
 

Ohiogal

Queen Bee
isis297 said:
I just wanted to ask again, can the cousins disclaim their portion and then would it still go to the state? I had read somewhere that when there is a will, an inheritant CAN disclaim their portion at which point it would go back into the estate to be distributed amongst anybody else in the will. Can this be done without a will?

I'm sorry for so many questions. I am just so disturbed by all of this and after 14 months feel my mom and I haven't been given the straight scoop about much of anything.

Thank you for all of your time.
Heirs can disclaim, renounce, deny themselves their inheritance (okay so the legal term has skipped my brain -- doing my taxes for three hours tonight will do that). If they did, then their portion would go back into the remainder of the estate and go to whoever would receive the remainder. Which would be your mom probably. Maybe. Anyway, there is a process by which this is done and it is not by ignoring them and hoping they go away :)
Good luck to you. Let us know when probate is opened.
 

seniorjudge

Senior Member
Ohiogal said:
Heirs can disclaim, renounce, deny themselves their inheritance (okay so the legal term has skipped my brain -- doing my taxes for three hours tonight will do that). If they did, then their portion would go back into the remainder of the estate and go to whoever would receive the remainder. Which would be your mom probably. Maybe. Anyway, there is a process by which this is done and it is not by ignoring them and hoping they go away :)
Good luck to you. Let us know when probate is opened.
Renunciation.

And yes, you are correct on everything else...this will not go away.
 

isis297

Member
Question about Renouncing

Apparently our lawyer found the address of the cousins' business and either sent them a letter or is going to. I asked him about putting something in there asking them to renounce any claim or responding by a certain date/time or we would take that as them renouncing and he said that he couldn't do anything like that. I don't know why. Asking them to renounce considering the circumstances doesn't seem like an illegal or unfair thing to do. I thought that was what renouncing was! A legal way to refuse any inheritance.

He also made the comment that if they couldn't be found their portion would go to the state of MD. My mom asked what about if they don't respond but we DO have that address and he said they have up to 3 years to respond and that if they don't, their portion goes to the state of MD.

Neither of us are comfortable with any of these answers. Can any of you help me with this or direct me to a site? Thank you!
 

seniorjudge

Senior Member
isis297 said:
...Neither of us are comfortable with any of these answers....

The answers were not meant to make you comfortable.

The answers were meant to give you accurate legal information.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top