Category Archives: Probate
Power-Of-Attorney And Guardianship Are Not The Same, And This Matters During Probate
One of the most important decisions you make in estate planning is choosing someone to make legal and financial decisions on your behalf if you become too ill to make your own decisions. A power-of-attorney is a document that authorizes someone else to sign documents to indicate your consent to financial transactions and legal… Read More »
When Interested Parties Disagree About The Value Of An Estate
The tabloid headlines light up whenever a probate dispute rises over a wealthy man’s estate, especially if the parties to the dispute are the decedent’s widow and his daughter from a previous marriage. Gossip columnists love to speculate about how the feud between the two women actually began; they often attribute it to decades-old… Read More »
How to Claim an Elective Share of Your Spouse’s Estate If Your Spouse Had Complex Business Interests
Maryland law allows married people to leave as much or as little property to their spouses as they choose in their wills. This means that, just because you are married, you can still choose to leave your entire estate to your siblings, your children from a previous marriage, a favorite charity, or anyone else. … Read More »
Changing the Beneficiaries in Your Will Does Not Always Mean Undue Influence
In probate law, undue influence means that the deceased person wrote or modified their will the way they did only because someone else coerced or deceived them into doing so. You can cite undue influence if the decedent was too ill to understand their actions at the time they signed their will. When an… Read More »
The Orphan’s Court Recognizes Your Same Sex Marriage, Even If Your In-Laws Do Not
Same sex marriage in Maryland is relatively new, and many same sex couples who had been together for many years took the first opportunity to formalize their marriages, even if that meant traveling out of state to get legally married. Maryland courts began issuing marriage certificates to same sex couples in 2013, and for… Read More »
Probate Disputes About Disinterment of Remains
Most probate disputes are directly or indirectly about money. The parties’ ultimate motivation is usually to determine that they get their fair share of the decedent’s estate. Sometimes there are other issues involved, such as whether the will was forged or signed under duress or undue influence. The parties might even disagree over which… Read More »
Green v. McClintock: A Case of Competing Wills and Undue Influence
Most people’s wills do not contain major surprises. Even if the deceased person does not show their will to any family members while they are alive, they usually leave their estate to their closest relatives. If someone else other than a spouse, son, daughter, sibling, niece, or nephew is to inherit a large share… Read More »
Undue Influence Does Not Always Involve a New Friend or Spouse Manipulating a Vulnerable Elderly Person
Undue influence is a common reason for family members to contest wills during probate. The stereotypical undue influence case is when a new friend or love interest quickly forms a close relationship with an elderly person who is vulnerable because of ill health or the recent loss of a spouse. The undue influencer convinces… Read More »
If You Sell an Inherited Real Estate Property While the Estate Is Still in Probate, You Must Notify the Court
Your family member may have named you as the personal representative of their estate because of a professional qualification of yours. Perhaps you have worked as a tax preparer, insurance agent, financial adviser, or some other occupation where you are used to dealing with financial and legal paperwork. You might have a natural gift… Read More »
Reopening an Estate in the District of Columbia
Many people named as personal representatives of an estate feel some anxiety about the probate process, just because it is a legal process with which they do not have any experience. Once the estate settles and closes, they often feel a great sense of relief; later on, they might even enjoy comparing stories with… Read More »
