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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36236
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My sister has not treated fair sense my mom died I was not

Customer Question

My sister has not treated fair sense my mom died I was not aloud in my mother house unless she was there she took everything gave me dishes theres a cd with my name on it she wont let me have my name is ***** ***** deed of the house . she has a coin collection and my baseball card collection from when I was a child also she not talking to me now thks bill
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Maryland
JA: What documents or supporting evidence do you have?
Customer: The Will the deed to the house she said she keeping the coin colletion worth bout 50,000 and the baseball card worth couple thousand
JA: Anything else you want the lawyer to know before I connect you?
Customer: Got in a argument with her spouse because I wouldn't sign to sale the house
Submitted: 7 months ago.
Category: Estate Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I need to ask a few questions before I respond...

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1. Has anyone filed a probate case in the local probate court to settle mother's estate?

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1a. How long ago did mother pass?

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2. Who is named as executor of the will?

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3. Were you listed with mother on the deed as a "joint tenant"?

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4. What is your legal question I can help with tonight?

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thanks

Barrister

Customer: replied 7 months ago.
No nothing been file as far as I no, my mother passed 10 5 2015, My sister s executer yes oim on the dede on the house with three sisters yet I'm haven't been aloud in the house she also has a ira with my name and two of my sisters she has a coin collection worth bout 50,000 and my baseball card collation when I was a child worth bout 10,000 I had a argument with her husband because I wouldn't sign for the sale of the condo thks Bill
Expert:  Barrister replied 7 months ago.

Ok, if mother passed away with assets in her name, sister would have to file a probate case so she could be formally appointed as executor by a judge so she could settle the estate.

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Unless she has done that, she has no legal authority to do anything with the estate. You can check by calling the local probate court where mother lived and ask them if there is a probate case filed in mother's name.

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If she has filed a probate case and is not distributing assets according to what the will says, then you can contact a local probate attorney and have them file a "motion to compel" that would force her to appear in front of the judge and explain what she is doing,

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As for the IRA, if you were named as a beneficiary, then that money comes directly to you from the company holding the IRA as it is not an asset of the estate. It passes just like a life insurance policy...the beneficiaries just get a check from the company once they notify them that the former owner is deceased.

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thanks

Barrister

Customer: replied 7 months ago.
The ira is with Secu Bank They say that the three of us have to meet athe bank the same time and sign then we each get a check that's what my sisters said and what can I doing about the coin collection and cards
Customer: replied 7 months ago.
How do I file the motion
Customer: replied 7 months ago.
no she hasn't file I just comfirned
Customer: replied 7 months ago.
ok then thank you have a good night Bill
Expert:  Barrister replied 7 months ago.

Just a minute, I am typing a long response..

Expert:  Barrister replied 7 months ago.

The ira is with Secu Bank They say that the three of us have to meet athe bank the same time and sign then we each get a check that's what my sisters said

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Ok, then I would suggest contacting the bank directly and confirming that this is what you have to do. Each company has their own procedures for disbursing money from accounts like this..

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and what can I doing about the coin collection and cards

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That is what the "motion to compel" is for... It is to force the executor into court in front of the judge to explain their actions.

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How do I file the motion. And no she hasn't file I just comfirned

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There has to be a probate case first before you could file the motion. But the motion is individually drafted, normally by an attorney as there is not a standard "template" for it.. So you would either have to draft your own, or hire an attorney to help with drafting it for you.

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So if sister hasn't actually filed a probate case, you can do so in the local probate court where mother lived and ask to be appointed Administrator. When the judge has the hearing, you can tell him that there is a will and sister has it and the judge can then order her to deliver it to the court. Then she would have to take over as Executor of the estate and go through all the formalities of settling the estate under the supervision of the court.

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thanks

Barrister

Customer: replied 7 months ago.
Ok thank you for your time u been a big help Bill
Expert:  Barrister replied 7 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Much obliged.

Barrister

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