Legal Question in Wills and Trusts in Maryland
Original estate was for my grandfather (no will). My aunt became the personal rep of the estate. My aunt and father were the only children, there was no spouse. My father died a year after the estate was closed, with money still in the estate. Do I have to petition or perform other legal action to retrieve the portion belonging to my father, or can my aunt simply write a check from the estate to myself and my sister?
1 Answer from Attorneys
Your post raises a few questions, such as: do you mean the grandfather's estate was OPENED a year before your father's death? Was there a final distribution of your grandfather's estate approved by the court? Did your father have a will?
Generally speaking, an heir often needs to survive the first person dying by 30 days. If they die after that period, their share likely (but not always) goes into the heir's estate. Based on your description, this may require opening up an estate for your father, then processing the funds through that probate estate as well.
Because this is very fact and document specific, you may want to seek advice from a licensed attorney in your area. I hope that this online post gives you general information although it is not a substitute for legal advice.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
