Free Consultation: (410) 347-5632Tap to Call This Lawyer
Paul E. Draper

Paul E. Draper

  • Probate, Estate Planning, Elder Law ...
  • Maryland
Badges
Claimed Lawyer ProfileQ&ASocial Media
Practice Areas
  • Probate
  • Estate Planning
  • Elder Law
  • Tax Law
Additional Practice Area
  • Estates and Trusts Litigation
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Maryland
Placeholder image for jurisdictions.
Education
University of Maryland Francis King Carey School of Law
J.D. (1989)
-
Placeholder image for education.
Skidmore College
B.A. (1986) | Mathematics and History
-
Honors: Phi Beta Kappa
Placeholder image for education.
Legal Answers
17 Questions Answered

Q. Dads girlfriend was authorized user on Amex & chase cards. She used after he died, now they’re trying to make me pay
A: If the personal representative of your father's estate made a distribution from his estate to you and your sister without first paying the estate's outstanding valid claims then those creditors can institute legal action against you and your sisters to collect what is owed them to extent of the distribution received from your father's estate. This assumes that the claims are valid. First, you need to establish if those creditors (the credit cards companies) had timely filed claims against the estate. To establish a valid claim against an estate, a creditor needs to either file a claim with register of wills' office in county or Baltimore City where your father resided or notify the personal representative in writing of their claim within six months after your father's death. If such a claim or notice was not timely made then those creditors are barred from seek collection based upon the applicable statue of limitations. Furthermore, even if a claim was timely made, the amount a claim can only be for amount of the purchases that your father made or authorized and any charges on his credit card after your father 's death cannot authorized by him and should be disallowed. You should first contact the personal represenative of your father's estate to determine whether any claims against his estate were timely filed and if so, why those claims were not paid prior to the dsitribution to you and your sister. As is evident by this answer, this matter is not going to resolved without some action on your part. If the personal represetnative of your father's estate does not resolve this issue with the creit card companies, I recommend you consult a probate attorney to review the matter. Best of luck.
Q. Trust Fund Mis-use
A: Your uncle as trustee of a trust for the benefit of your son is required to provide your son or, if he is a minor, his parents with an accounting of the trust assets. Unfortunately, since your uncle is refusing to communicate with you, your son or you will be required to institute litigation against him in order to compel him to provide an accounting. This litigation will be required to be instituted in a general equity court where the trust has situs. If your mother's estate was opened in Maryland then the court with jurisdiction will most likely be the circuit court in the county or Baltimore City where her estate was administered. In any event, it would be prudent to review this matter with an attorney who pursues estate and trust litigation.
Q. I'm the Personal Representative of my mother's estate. Does her house have to be deeded to me in order to sell?
A: Your late mother's house can be sold through her estate by the personal representaive or after it has been transferred from her estate to the designated legatees or heirs by them. There are certain benefits availble to an estate to sell real property which is not available to individuals including limited personal liability and certain tax deducations. Prior to selling or transferring the property, you should consult with a local probate attorney to discuss your options. Best of luck.
View More Answers
Contact & Map
201 N Charles Street
Suite 708
Baltimore, MD 21201
Telephone: (410) 347-5632