Legal Question in Wills and Trusts in Maryland

Inheritance Question

My Grandmother recently passed away and in her will she stated that myself and two siblings would each receive $10,000.00. My father, who is the executor of her will and has power of attorney, said that he is going to hold onto the $30,000.00 and pay what remaining medical bills arrive because ''he does not want it coming out of his end.'' He also does want to pay taxes on any of his new inheritance and wants to use our $30,000.00 to pay the taxes because ''I need this money to retire on.'' Is thit legal what he is doing? And what should I do?


Asked on 7/06/06, 10:02 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Inheritance Question

I have not seen the Will, so I am replying based on what you wrote. You do not say what assets are in the probate estate or what debts are involved, aside from possible estate/inheritance taxes. In general, estate assets covered by the Will can be used to be all estate debts, before the estate is distributed. It appears your interest in the estate is that of a receipient of a specific bequest ($10,000). Specific bequests are paid, less any estate/inheritance taxes attributable to the bequest, before any distribution of other assets. It appears your father does not understand the priority issue of who gets what from the estate and in what order. If the debts, after they are paid, leaves not enough assets to satisfy the specific bequests, they get reduced. On the other hand, if there are more assets remaining than the specific bequests, they get paid first. I suggest talking to the attorney for the estate about this or, if there is none, retain your own attorney to handle this for you. This is a response to an Internet question and the reply is not intended to be legal advice or create an attorney-client relationship. Since there may be more facts than presented in your question, a different response might be made if all facts were presented.

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Answered on 7/08/06, 12:10 pm
Norman Nadel Norman Nadel, Esq.

Re: Inheritance Question

It is appropriate to reserve all assets to pay the debts of the decedent. Your $30,000 cannot be used to pay his "inheritance taxes". If there is a lawyer, speak to him/her about this.

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Answered on 7/07/06, 8:41 am


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