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FAQs

I’m the personal representative in a will contest. How much is this going to cost the defense and also the plaintiff?

The answer to your question depends on many factors, especially the complexity of the issues involved. Estate litigation can be very expensive to both parties. Generally, though, the contesting party pays for their attorney’s fees and expenses from their own resources, whereas attorney’s fees for a Personal Representative who is defending a will or an estate may claim those fees and expenses as an estate expense. In most cases, the Personal Representative is not personally responsible for those attorney’s fees. A word of caution, make sure to get prior approval from the Court before paying any attorney’s fees or expenses in defending the litigation. Generally, this can be done by filing a Motion with the Orphan’s Court requesting approval to retain an attorney on behalf of the estate. It is the duty of the Personal Representative to preserve and protect the estate assets for the benefit of the heirs or legatees and it may be a breach of that fiduciary duty not to defend the estate. As your case may involve these complex issues, I strongly suggest that you hire an attorney who handles estate and probate administration and litigation.

In private process of service can divorce documents be served at the person’s work place

Pursuant to Maryland Rules of Civil Procedure section 2-121, the Defendant must be served in person. A person over the age of 18, other than yourself, may deliver the pleadings to him at any place, including his home or workplace. He may also be served by leaving a copy of the summons, complaint, and all other papers filed with it, at the individual’s dwelling or usual place of abode with a resident of suitable age and discretion. Lastly, he may be served by sending the pleadings to him by certified mail, restricted delivery, meaning that he would have to sign for the certified mail. Once he has been “served” by one of these methods, an Affidavit of Service would be filed with the Court advising the Court as to how and when the Defendant was served. At that point, the burden is on him to respond accordingly.

Family law will…

I am not sure what the question is, but if there is a will and the decedent owned assets in his/her name at the time of death, then, more than likely, an estate must be opened in the county where the decedent was domiciled. The assets are inventoried and eventually an accounting is filed with the Register of Wills, showing all assets, all expenses and how the net assets are to be distributed (either by a will or by law). Once approved by the Court, the assets are distributed by the Executor of the estate and the estate is then closed. I recommend that you consult with an experienced attorney who handles probate and estate administration to assist you with this.

I have been out of work for 5 months. I work for a car dealer. I suffered a concussion, bulging disc in my back, and neck pain.

You should consult an experienced workers’ compensation attorney immediately if your injury occurred at work. In order to request medical treatment that has been denied by the Insurer or Employer, a hearing must be requested with the Workers’ Compensation Commission and a Commissioner will review the medical records and your testimony to determine if you are entitled to additional treatment. If so, you may also be entitled to benefits for your time lost from work. If you are unable to return to your previous employer because of the injury, you may also be entitled to vocational rehabilitation to find you another job within your physical restrictions or retrain you for another type of job. This is all assuming that this is a compensable workers’ compensation claim.

Is 50% the most that I give up in assets in Divorce in Maryland?

In divorce cases, the court must divide the marital assets fairly and equitably. In most cases, unless there are extenuating factors, this will mean a 50/50 split of the assets. Keep in mind that a distribution of the marital assets, i.e. house, cars, bank accounts, retirement account, personal property, etc., does not include any claim for alimony or claim for child support, which are separate issues. Alimony may be awarded in addition to a 50/50 division of the marital assets in the event that one of the parties is unable to support themselves or needs some time to get back into the job market after being unemployed for a significant period of time. In that case, the court takes into consideration 12 factors to determine whether alimony is appropriate, one of which is the assets or resources available to the party claiming alimony. The court will then calculate child support , if there are minor children involved. It would be wise for your to consult a family law attorney to discuss the specific facts of your case.

How do I put my deceased parents house in my name…been to probate court, am sole descendant, house is paid for, what do I do?

If you have already filed a final account with the Register of Wills showing distribution of the real property to you as the beneficiary under the will and the account has been approved by the Orphan’s Court, then it is time for you to transfer the property from the estate to you. You should contact either an estate/probate attorney or a real estate attorney. Either should be able to prepare a deed transferring the property from the estate to you as the sole heir and beneficiary.

How Can I Get Back My Car From My ExHusband?? I Have Title In My name,Registered In My Name, loan Was In My name.

I suggest that you send your ex-husband a written demand requesting that he return the car to you within a certain amount of time. If he does not return it, then a Request for Writ of Replevin (action to recover goods that are being wrongfully withheld) filed in the District Court would be appropriate under the circumstances.

The answer to your question depends on many factors, especially the complexity of the issues involved. Estate litigation can be very expensive to both parties. Generally, though, the contesting party pays for their attorney’s fees and expenses from their own resources, whereas attorney’s fees for a Personal Representative who is defending a will or an estate may claim those fees and expenses as an estate expense. In most cases, the Personal Representative is not personally responsible for those attorney’s fees. A word of caution, make sure to get prior approval from the Court before paying any attorney’s fees or expenses in defending the litigation. Generally, this can be done by filing a Motion with the Orphan’s Court requesting approval to retain an attorney on behalf of the estate. It is the duty of the Personal Representative to preserve and protect the estate assets for the benefit of the heirs or legatees and it may be a breach of that fiduciary duty not to defend the estate. As your case may involve these complex issues, I strongly suggest that you hire an attorney who handles estate and probate administration and litigation.

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