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Adding Spouses to the Deed of a Bequeathed Property

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The deceased bequeaths house to family member in their will. The family member wants to add their spouse to the deed as Tenant by Entireties (T by E). The best way to handle this situation is to draft and file separate deeds, showing the clear chain of title. The reason for this is that there […]

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Maryland Probate: Personal Representative Moves Out of State

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What happens if you are the personal representative, aka executor, for a Maryland estate but then you move from Maryland to another state? The short answer is that you may quality to continue as the personal representative however you will need to file a request to appoint a Maryland resident agent. The resident agent must […]

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Maryland Probate: Do I File a Will With No Assets?

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This is a common question people have and reasonable to wonder if a person’s Will needs to be filed if the person died with no assets. Under Maryland Law, the decedent’s Will must be filed in the jurisdiction of domicile even if the person died without any assets. This does not mean that an estate […]

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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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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 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 Estate Administration, Valuation of Stocks

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In Maryland the Information Report and Inventory for an administration probate is due within three months of opening the estate. These must be filed by the attorney and/or the Personal Representative along with proper valuation of all assets and supporting documents and appraisals. Each asset has a particular way of being valued under Maryland law […]

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Maryland Probate: Do I Need a Surety Bond?

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If you are an individual serving as the Personal Representative of a Maryland estate, the short answer is: yes, you will need to secure a surety bond on behalf of the estate. The bond will be filed and/or presented to the appropriate county Office of the Register of Wills, Estate Administration or Probate Division. If […]

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What Death Taxes are Payable in Maryland?

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Both the federal and state governments impose taxes upon the property/estate of a decedent. A federal estate tax with graduated rates is imposed on all property interests that the decedent owned at the time of death. The federal estate tax applies to probate assets and also to non-probate assets. For example, joint property and insurance […]

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Maryland Probate: Creditor Filing Deadline

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How long do creditors have to file a claim against an estate in Maryland? Maryland Estates & Trusts law provides that creditors, except for those otherwise exempt by statute, have six (6) months from the date the decedent died to file claims. All claims against a Maryland estate of a decedent, whether due now or […]

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