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The Hierarchy of Payments From an Estate in Maryland

During the process of administering an estate, you might discover that the assets in the estate are not sufficient to pay all claims made against the estate. If you find yourself in this situation as a Personal Representative, Maryland law specifies a hierarchy of payments. The hierarchy is as follows:   1. Fees due to […]

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May a Personal Representative or Trustee Demand a Release?

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Yes, a Personal Representative may demand a release in the absence of a state statute that says otherwise. Generally, the Maryland Court of Appeals has decided that so long as the release is not written in such a way as to be one-sided or impermissibly favors the trustee’s interest over the beneficiaries, releases that absolve […]

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What Happens to Your Student Loans After You Die?

If you’re struggling to pay off your student loans, you might be wondering who will have to pay those loans back in the event that you or a loved one passes. In general, federal student loans (whether signed with or without a co-signer) are discharged upon one’s death. Private loans, however, will largely depend on […]

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What if the Personal Representative of the Estate is Deceased?

If you want to assume the place of the Personal Representative due to unforeseen reasons, the matter must be addressed by the court. If the Principle is deceased and the Personal Representative is incapable of performing the duties then we must petition the court in the county of the estate. Until the court rules, no […]

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How do I Claim a Deceased Relatives’ Unclaimed Property?

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If you need to claim property that is within the state of Maryland, then you will need to have a claim filed with the Comptroller of Maryland. Additional documentation is needed for proof. The documentation needs to include two forms of identification, and items such as bank account information and insurance proceeds. Depending on the […]

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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 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 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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