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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4714
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Maryland Estate My moms lawyer made up her will and trust/estate.

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Maryland Estate My mom's lawyer made up her will and trust/estate. She called him to make changes in her will. He never answered her calls. After nearly a YEAR, she had me send her an email (she has little use of her hands ) with the changes she wanted and to him get in touch with her to put the changes into her will. A few moths later Mom had me call him wanting a copy of the new estate book. He had done nothing. Mom got impatient and had me send him yet another email with new changes in terms more favorable for two of my siblings. Her lawyer then sent an amendment that did not match her requests at all. I sent it back and told him it was wrong. Soon after mom died, so he said we are stuck with the original will. I have the emails in the sent box. Now to make matters worse. The estate plan says to put all money accounts into the trust to be split evenly at her death She presumed that was done because she saw that her house was put into a trust. Later, after signing her will, she set up joint accounts with survivorship, for some of the kids Which her banker said would not be part of the revocable trust because by post dating the trust, she is making an exception to the trust an these accounts will not be subject to probate or the trust terms. Now I just called mom's attorney and said I'll need to get a court appointment to handle her estate. He said he needed all of her bank accounts including her joint accounts because he never set up her estate. Some siblings are freaking out because they are afraid their joint accounts will be distributed by the even distribution clause. If the joint accounts get distributed by there will be no money to cover the mortgage payments and of course those with joint accounts are freaking because those joints are to them.

The house is listed on the county records as in an moms estate but the estate ( whish is the same as her name) is not to be found online at Maryland register of wills site.

This all seems so weird, should we worry? What can we do about the will? What will happen to those joint accounts? If the trust says put all money accounts into the trust and he can do that now, then what will happens to those joint accounts that were set up later? We thought the joints were not subject to the estate. Why is he asking for those accounts? Are we just being "worry warts"? I am the appointed trustee and one of my siblings is threatening to sue me.

Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Hello, and thanks for submitting this question. If I understand all of your facts, the bank accounts that were joint with your mother pass to the surviving owners directly, and do not go into either the probate estate or the trust, so you and your siblings can all relax on that point. Also, I would strongly suggest selecting a different lawyer for any future legal services. I won't speculate on any MD inheritance tax that may be owed, but that would not change who the joint accounts pass to.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4714
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 6 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

We can do nothing about his incompetent handling of her will? Especially where he submits a revision that isn't what her written directives are? We thought reading comprehension was part of the LSAT test.

Expert:  Irwin Law replied 1 year ago.

Hello. I didn't comment on the malpractice aspect because your question was about the joint accounts and the relation to the estate and trust. There are definite indications that malpractice may have occurred in your mother's will situation. You should have an attorney review what occurred and advise you whether the result of the lawyers actions caused financial damages for which he might be liable to the heirs.

 

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

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