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Who Can Be Personal Representative if a Minor is the Heir of the Estate in Maryland?

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If a Minor is the listed heir in an Estate then the Minor cannot gain access or control to the estate until becoming an adult regardless of when or if the Personal Representative fies. While this individual is the rightful heir of the Estate someone will have to be the Personal Representative of it and […]

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Maryland Probate; Should I File a Small or Regular Estate?

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In order to know how to file an estate, one must know the value of the estate. If the estate is valued at $50,000 or less, then you should file it as a small estate. Also, if the spouse is the sole legatee or heir then a small estate can be up to $100,000. For […]

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Who Can Be Personal Representative if a Minor is the Heir of Estate? Maryland Probate

If a Minor is the listed heir in an Estate then the Minor cannot gain access or control to the estate until becoming an adult regardless of when the Executor deceases. While this individual is the rightful heir of the Estate someone will have to be the Personal Representative of it and manage the estate […]

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How is Property Distributed in Maryland if There is No Will?

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After the assets are used to pay estate expenses, debt, and taxes, the rest can be distributed to the closest living heirs. This is done according to Maryland’s intestacy laws. In Maryland, typically a surviving spouse and children would be given priority. If there is no surviving spouse then children would receive the assets equally. […]

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Maryland Estates: If a Deceased Person Owes Me Money, What Can I Do?

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In order to get the money you deserve the first step is to file a claim against decedent’s Estate with the Office of the Register of Wills. The claim can only be submitted up to 6 months after the person is deceased. This action will place a lien on the estate’s assets so that the […]

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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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How Do I Obtain Letters of Administration in Maryland?

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It’s possible you’ve asked this question because someone has passed away and the insurance company will not work with you until you have the letters of administration. Or a bank. Or a creditor. Or a landlord. Or a spouse. There are any number of people and institutions that will not communicate critical information to you […]

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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: 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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