Ask Me Help Desk - Estate Administration

I live in Baltimore MD. I am a 25% heir of my grandmothers's estate.
Now, the executor auctioned off her house and belongings without filling out the required inventory report. No appraisals were made or anything. The executor never set foot on the property until the day of the auction, nor did this person ever call to ascertain ANY information about belongings. There were several very nice antique pieces my friends would have killed for, totalling well above 15,000 (from prior appraisals). The executor sold everything as a lot, and we got $500.
To date, the Register has received no inventory. It was due in OCT, and a Show Cause has been issued.

Question: Can the value of the estate be accurately reflected now? Is there wrongdoing on the behalf of the executor?
The family wants this executor removed, but the Register says there is no wrong doing! Can anyone help?

Quote:

Originally Posted by waygupkall

I live in Baltimore MD. I am a 25% heir of my grandmothers's estate.
Now, the executor auctioned off her house and belongings without filling out the required inventory report. No appraisals were made or anything. The executor never set foot on the property until the day of the auction, nor did this person ever call to ascertain ANY information about belongings. There were several very nice antique pieces my friends would have killed for, totalling well above 15,000 (from prior appraisals). The executor sold everything as a lot, and we got $500.
To date, the Register has received no inventory. It was due in OCT, and a Show Cause has been issued.

Question: Can the value of the estate be accurately reflected now? Is there wrongdoing on the behalf of the executor?
The family wants this executor removed, but the Register says there is no wrong doing! Can anyone help?

You have already received legal advice - if the "Register," knowing the circumstances and facts and laws, has decided that there is no wrong doing, I would believe the advice. Anything offered here is simply guessing.

What is your relationship to the Executor? Was the Executor appointed by your Grandmother's Will or is it an "independent"?

The executor in this case started as property guardian for my grandfather, but through an unscrupulous coop in Orphan's Court is now the Big Cheese. Not only does he represent the 50% heir in the estate, he now controls the entire estate. Yay.
The original executor (PR) was named in the will, and we are still reeling at how easy he was removed. It truly is a travesty what is going on here. Wait till the whole story comes out!

Quote:

Originally Posted by waygupkall

The executor in this case started out as property guardian for my grandfather, but through an unscrupulous coop in Orphan's Court is now the Big Cheese. Not only does he represent the 50% heir in the estate, he now controls the entire estate. Yay.
The original executor (PR) was named in the will, and we are still reeling at how easy he was removed. It truly is a travesty what is going on here. Wait till the whole story comes out!

Why don't you post the whole story so it is easier for those of us who are trying to answer you to understand and answer appropriately and correctly.

I guess my question what was done before the sale, that is when you file a motoin to stop the sale or require paper work BEFORE the sale

But the issue is at estate auction sales most items go for pennies on the dollars. I go to these type of sales often to find bargains and treasures I latter may sell on eBay.

The entire tale is way too long, and is still going on.

All I need is to find out is what MD law says about selling property before the inventory is done. I have checked AnnoCode ruthlessly, but can find no penalty for failure.
The total dollar amount does not matter, this I know. It is a regular estate, and a factual inventory is required by law, no matter if the estate is 10,000 or 100,000. Again, simple question, should the inventory have been done first, before the auction, since now the executor has zero knowledge of any of the belongings.

Quote:

Originally Posted by waygupkall

The entire tale is way too long, and is still going on.

All I need is to find out is what MD law says about selling property before the inventory is done. I have checked AnnoCode ruthlessly, but can find no penalty for failure.
The total dollar amount does not matter, this I know. It is a regular estate, and a factual inventory is required by law, no matter if the estate is 10,000 or 100,000. Again, simple question, should the inventory have been done first, before the auction, since now the executor has zero knowledge of any of the belongings.

It's unfair to the many volunteers trying to help you when you ask a question but the "entire tale is way too long and is still going on." How are you to receive an accurate answer without the basic information being furnished. Your simple question is not so simple after all.

You said "wait until the whole story comes out." When is that going to be?

However, here is Maryland Law: "Within three months after the appointment of a personal representative the personal representative shall prepare and file an inventory of property owned solely by the decedent and the decedent's interest in tenants in common property. Each item is to be listed in reasonably descriptive detail, indicating its gross fair market value as of the date of death of the decedent, and the type and amount of any mortgage and encumbrance that may exist with reference to the item. For real and leasehold property, a description sufficient to identify the property must be given. Appraisals must reflect the actual date of death value. Appraisals containing the word “approximate” or similar qualifying words are not acceptable. "

It is my opinion reading the Law and the various Maryland sites that the description of household goods (furniture, furnishings) simply has to be sufficient to identify the property - I see no requirement that the list be itemized and, for example, anything more than a general "one wood table, one metal chair" and so forth. If the representative did not file such an inventory within the three month period, he/she is in violation of the law.

Your recourse is to print out the law, go to the Court and protest. If you can prove fraud or deception, it is possible to file a criminal charge. If the Estate was of a certain dollar value the representative HAS to be bonded and if you prove fraud/deception, the bonding company would make you whole.

The law seems clear here. An executor has a fiduciary responsibility to represent all the beneficiaries of the estate fairly.

The problem here is you are going to have to prove that the items were undervalued. You will need to gather prrof of the items and their values.

Thanks for all the responses. Ya kind of been a help.

Quote:

Originally Posted by waygupkall

Ya kinda been a help.

Hello way:

I'm sure the people who helped you will kind of appreciate it.

excon