Legal Question in Wills and Trusts in Maryland

Executor never completes

My mother passed away 4 years ago, unfortunately I was unable to be there as I way in Intensive care at a hospital in another city. I had stayed with her at her house during her final years, and the subject of a will came upoccasionaly. She had just reassured me a few weeks before that it had been updated and securly store, mentioning that she had a copy with her and that my brother (middle of three) had a copy. He was to be executor.

When she died, after all the running about settled, that brother declared he had never seen the will, nor could he find one.

The estate is primarily her house, no mortgate, but little cash to support it. I have little cash, having put my own business on the back burner for several years to help her, and now have serious disability issues myself.

The proceeds re needed for me to get myself back in operation again, but my brothers have less financial problems, or medical problems, and can take as long as the want. I agreed to move out two years ago, to allow a breif rehab and sale, to be distributed settling the matter. They then proceeded to do the work themselves(they live out of town, and are not building contractors!!!)It's going nowhere and I'm being squeezed, What can I do?

Asked on 11/23/04, 1:43 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus
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Re: Executor never completes

You need to file for probate of the estate. Where a last will and testament (LWT) cannot be shown the estate passes by intestacy. The LWT may be shown up at some other time and other matters then come into consideration. You should not delay with contacting an attorney where you have an issue with the handling of the estate of a family member.

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11/24/04, 11:06 pm

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