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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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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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Maryland Estate Planning; How Can I Transfer a Deed?

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In order to change the name on a deed, a new deed must be created. Drafting a deed is an extensive process. The deed needs to include if there was consideration for the change. The deed needs to have a certificate of preparation and signature stating who created it. Also, the deed needs to be […]

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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 Estate Planning: Is a Living Trust a Good Idea?

A living trust is a written legal document that places assets in a trust which can still be used by the principle. Once the principle dies, the trust can be transferred to the designated beneficiaries. There are many benefits to creating a living trust. One reason to create a living trust is to avoid probate. […]

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Maryland Estate Planning: How Do I Obtain Power of Attorney?

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In order to obtain power of attorney you must have the Principle decide the amount of power they wish to give. There are different types of power that falls into broad categories of Financial and Healthcare. For each of these powers to be granted, separate documents must be created. The General and Limited Power of […]

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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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Difference Between a Maryland Fee Simple Deed and a Life Estate Deed

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A fee simple title is the greatest possible ownership in land. This ownership can potentially last forever and is in no way limited. There are however multiple different types of fee simple estates: fee simple absolute, fee simple determinable, fee simple subject to executory limitation. The executor will always hold a future interest in the […]

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