Posted By admin on October 19, 2012
This warning has nothing to do with my mother but everything to do with my sister.
When Susan died last August 25, she left behind a will that she had signed in 2005. Unfortunately, her attorney only has a conformed copy of the will (i.e. her “signature” was typed or printed.) Susan chose to take home her signed copy. I have no idea what happened then. She did not file it with the Register of Wills for Montgomery County Maryland and it is not among her private papers, which she kept in a box under her bed until everything was put in storage a year ago, prior to her house being sold..
Maryland law permits the copy of a will to be admitted as the original under certain provisions. Her named executor (called a Personal Representative in Maryland) will need to petition the Orphans’ Court for Montgomery County to become the Personal Representative of the Estate and for the copy of the will (now in her lawyer’s file) to be admitted as the original without a court hearing.
However, those of us who are named in the will as beneficiaries must sign a consent form for this to happen. Without all our consents, a judicial probate hearing would take place at some point after a public notice of it is published. Until that time, the estate would remain closed. Though two of us have problems with Susan’s executor, we sent in our signed consents. I didn’t want to drag this out by not signing. It’s bad enough that Susan died.
Don’t let this happen to you or to anyone in your family.
©2012 Heir Tight