When a parent, spouse, or close relative passes away, families expect the estate to be settled easily.  Sometimes that does not happen. A surprise will turn up, a sibling serving as personal representative stops returning calls, or assets that should have passed to the family seem to have disappeared or suddenly a new relative shows up.  When this happens, estate litigation may be the only way to protect what your loved one intended.  Let's look at the facts. 

How Estates Are Handled in Maryland

Real estate planning attorney Maryland, many don't know this, but most Maryland estates go through the Orphans’ Court in the county where the decedent lived. Interesting fact, despite its name, the Orphans’ Court has nothing to do with orphans. It supervises probate, appoints personal representatives, reviews accounts, and resolves many disputes. In Harford and Montgomery Counties, circuit court judges sit as the Orphans’ Court. When a dispute turns on contested facts, such as whether the decedent was mentally capable of signing a will, those questions may be sent to the circuit court for trial, including trial by jury.

Challenging a Will Through a Caveat

Real estate broker dispute attorney Maryland In Maryland, a formal challenge to a will is called a caveat. A caveat petition generally must be filed within six months after the first appointment of a personal representative under a will. That deadline is strictly enforced, so waiting to see how things play out can cost you the right to object at all.

Here is why it's good to have an attorney. A caveat is usually based on one or more of these claims: that the decedent lacked testamentary capacity, that someone exerted undue influence over them, that the will was not properly signed and witnessed, that the document was the product of fraud or forgery, or that a later valid will replaced it. Undue influence cases often involve a caregiver or family member who isolated the deceased, controlled their finances, or arranged the meeting with the lawyer who drafted the new will.

Holding a Personal Representative Accountable

This is good to know. A personal representative is a fiduciary who must act in the best interests of the estate and its beneficiaries. Maryland law requires the personal representative to file an inventory of estate assets, generally within three months of appointment, and an account, generally within nine months. When a personal representative fails to file, refuses to share information, sells property for less than it is worth, or uses estate funds for personal benefit, interested persons can ask the Orphans’ Court to compel action, order repayment, or remove and replace that personal representative.

Rights of a Surviving Spouse

More to know. A surviving spouse who is left little or nothing under a will may have the right to claim an elective share instead. In general, that share is one third of the net estate if the decedent left children or other descendants, and one half if they did not. The election has its own deadline, so a spouse should get advice promptly but a good Estate administration attorney. 

Here is a checklist for you. Maryland Estate Dispute Checklist

Action Item

☐ Obtain a copy of the will and the probate filings from the Register of Wills

☐ Note the date the personal representative was first appointed

☐ Calendar the six-month caveat deadline

☐ Request the estate inventory and account

☐ Gather medical records showing the decedent’s condition

☐ Collect prior wills, trusts, and beneficiary designations

☐ Write down names of witnesses, caregivers, and advisors

☐ Preserve emails, texts, letters, and financial statements

☐ Consider whether mediation could resolve the dispute

☐ Speak with an experienced Maryland estate litigation attorney

Act Before the Window Closes

Estate disputes are emotional, and many people hesitate to take action against a family member. Understanding your rights does not commit you to a courtroom battle. Many cases are resolved through negotiation or mediation once the facts are on the table. But every option depends on acting within the time Maryland law allows.

The Law Office of Brian Gormley LLC in Bethesda, MD represents beneficiaries, heirs, surviving spouses, and personal representatives in estate disputes throughout Maryland. If you have concerns about a will, a trust, or the way an estate is being handled, contact our office to schedule a consultation and learn where you stand.