I have a question about setteling an estate issue. Maryland.

In that case, the three of you control the assets. Usually when there is a trust and a will, the will is used as an "overflow" just to take care of anything not included in the trust.

However, in this instance, the real estate is in the trust, so the will doesn't apply. All you need to do in order to have the homes appraised is to have the three of you sign off on doing it. The disbursement will be governed by the trust itself and you and your siblings execute it.

If you need more legal help and she won't return your calls, any lawyer can do it. It doesn't have to be her. But there is no need to go to court with a trust unless the trustees have a disagreement. All you need to conduct business for the trust is a copy of the trust and the signatures of all the trustees.

That is a problem. When a trustee is misbehaving and not communicating it has to be addressed. It sounds like the lawyer involved before needs to be replaced. You'll need someone new to file a motion to remove your sister as trustee of the estate.

If she tries to charge you, then you can dispute that based on her having done nothing.

No one is the executor until they go to court and the judge appoints them as such. But keep in mind, the trust is what matters. The will only matters if the the trust leaves something out. The whole point of the trust is to avoid having to bother with the will and probate court.

If there is a trust, that is usually where all the assets are. The will is there as a backup in case there is an issue with trust.

These things get messy when one of the heirs / trustees/ executor (if that even matters) here go off and do dishonest things. The right thing to do is find another lawyer ASAP.

No, she does not.

You and your brother can hire your own attorney to represent you as trustees and the trust.

This is a different question than originally asked. I'm going to opt out at this point and allow another professional here to assist you.

How can I help?

What is your question?

The Attorney for your sister does not represent you. You will want to hire your Attorney to protect your interests.

Under a trust, there is a named Trustee that handles matters outside of probate court. For the Will, the court needs to validate the Will and appoint the personal representative.

NO. That is a mistake many people make thinking the personal representative's Attorney represents the heirs and beneficiaries.

"The general procedure required to settle an estate via probate in Maryland is the following:

1. The Will must be filed in the Orphan's Court in the county where the decedent lived.

2. The Will must be filed within a reasonable amount of time at the Register of Wills.

1. A Petition for Probate must be filed as well. This requests the appointment of an executor. If there is no Will, the Court will appoint someone to serve as the Personal Representative of the estate. Notice must be given to all heirs and beneficiaries, as required by the court.

2. The Court will issue "Letters Testamentary" to the executor/Personal Representative -- this gives the executor legal authority to act on behalf of the estate.

3. Once the Letters are issued, the executor must file a notice of Probate in the local newspapers. Creditors have six months to file a claim against the estate.

4. An inventory of the estate's assets must be filed with the court within three months of letters being issued. Thereafter, interim accounts must be filed every 6 months until the estate is closed.

5. Once all of the creditors and taxes have been paid, a Petition to close the probate must be filed with the court. The cost of the probate is determined as a percentage of the value of the estate.

6. The Court will issue an Order, distributing the estate's property to the beneficiaries.

7. The executor is entitled to fees based on the size of the estate for their services, but since such fees are subject to income tax (which inheritances aren't, unless Maryland has an inheritance tax), many executors forgo the fees. Click here to see if Maryland imposes an inheritance tax..." https://www.legalconsumer.com/inheritancelaw/topic.php?TopicID=20&ST=MD

If there is no Will and it all of the assets are in a trust the Trustee named in the trust would be handling the distribution of assets.

The State Bar Association can refer reputable Attorney at http://author.msba.org/public/lawyer-referral.aspx

You will want your own Attorney to protect your interests.

The lawyer represents the estate and not the individuals.

I can provide a link for local Attorneys that provide FREE consultations if you can tell me the County?

Thank you. One moment, please.

https://lawyers.findlaw.com/lawyer/firm/probate-estate-administration/prince-georges-county/maryland

The State Bar Association can refer reputable Attorney at http://author.msba.org/public/lawyer-referral.aspx

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