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Do I Need a Bond For a Maryland Small Estate?

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If you are an individual serving as the Personal Representative of a Maryland small estate, the short answer is: yes, you will need to secure a bond on behalf of the estate. However there are some exceptions: if the value of the estate is less than $10,000 (after funeral expenses & family allowances), if the […]

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Can I Obtain A Copy of Someone’s Will?

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In Maryland people are allowed to file their Wills for safekeeping with the Register of Wills in the county where they reside. While living, a person’s Will is not part of the public record and thus no one can have access to the Will. After the person has died, the Will becomes part of the […]

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Maryland Probate: Who Distributes The Estate’s Assets?

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Under Maryland law the named or appointed Personal Representative is responsible for the distribution of the estate assets. To reach the point in the estate administration where the law allows distribution, the Personal Representative must pass several stages and filings and should only distribute assets after approval from the Register of Wills and the Orphans’ […]

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Maryland Probate Fees

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The county Register of Wills office will assess estate administration fees per Maryland law. The fees are assessed when your attorney files the first account for the estate. Additional fees could be assessed if the value of the estate increases. The estate value is determined by reviewing the value of all assets included in the […]

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Maryland Deeds: Multiple Tax ID’s On The Property

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Often times in Maryland the property that needs to be transferred has multiple tax ID’s attached to the record. Should you pay double recording fees when filing the new property deed? No. You should pay the county (or city if in Baltimore) and state for the property transfer per the deed and not per the […]

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Owings Mills, Maryland Estate Planning: File a Will

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Maryland law allows Wills to be filed with the county in which you live. As an estate planning attorney who works in Owings Mills, I have encountered clients who have failed (or their attorney failed) to file their Will with the county. This is a critical final step in the Will creation process as it […]

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Maryland Probate: Cremation and Notification

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I was recently asked a question that has been asked a few times: can a person authorize cremation in Maryland without notifying next of kin? In other words: can you make an order to be cremated without disclosing this information to others? The short answer: yes. You can indicate in your Will your desire to […]

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Maryland Probate: When Real Estate Is The Only Asset

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The Maryland code makes no distinction between personal property (e.g. motor vehicle) and real property (e.g. house & land; real estate) when setting forth the requirement that an estate must be opened for a decedent. There are many instances where an estate does not need to be opened, for example if the sole asset is […]

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Who Can Obtain a Living Person’s Will in Maryland?

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In Maryland if the Will has been filed with the Register of Wills county office (or city office if in Baltimore) only the testator—the person who created the Will–or someone who has written permission signed by the testator can withdraw a Will from safekeeping. Proper identification is required by the clerks in the Register of […]

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Suitland, Maryland Estate Planning: Record Your Will

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Maryland, unlike many states, allows Wills to be filed with the county in which you live. As an estate planning attorney, I have encountered clients in Maryland who have failed (or their attorney failed) to file their Will with the county. This is a critical final step in the Will creation process as it ensures […]

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