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How Should a Personal Representative Handle Homeowner’s Insurance?

The Personal Representative has a fiduciary obligation to protect all assets of the decedent’s estate. If the decedent owned a property, this includes ensuring that the utilities and taxes are paid, and that the home is adequately secured among other obligations. What is often overlooked, however, is homeowner’s insurance.   If you are the Personal […]

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How Much is a Personal Representative Compensated in Maryland Probate?

If you have taken on the responsibility of being the Personal Representative of an estate in Maryland, you may be wondering if—and how much—you will be compensated for your time and effort.   The role of Personal Representative involves a variety of tasks and responsibilities, which we have written about in our post “What is […]

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What Is the Interested Persons Form for a Maryland Probate Estate?

Maryland law defines an “interested person” as anyone listed in a will, an immediate family member, and a legatee or a trust now receiving interest from assets resulting from the person’s passing.   The Interested Persons form must be filed along with the petition and should include any person or entity with a potential interest […]

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Do Life Insurance and Retirement Benefits Need to Go Through Probate in Maryland?

Before meeting with a Maryland probate attorney, it is important to be as prepared as possible. This post will provide an overview of what you will need and what questions to ask.   Begin by thinking carefully about your goals and concerns. If you are uncertain about any aspect of the probate process, come prepared […]

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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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Inheritance Rights for Domestic Partners Expanded Under New Maryland Law

One of the significant changes introduced by Maryland Senate Bill 792 relates to the treatment of estate taxes for individuals in domestic partnerships. In the past, if a partner did not possess a will at the time of their death, their property would be subject to Maryland’s intestate laws. This new legislation, however, aims to […]

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What Happens with Your Debt When You Die in Maryland?

The passing of a loved one is a challenging and emotional time, and dealing with their financial affairs can be equally daunting. It’s important to understand the legal and financial processes that can happen when a person passes away and leaves behind debt.   Estate Administration Process   In Maryland, when a person passes away, […]

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Must I Open a Maryland Probate Estate if the Only Asset is a Motor Vehicle?

If the motor vehicle is co-owned, and the other owner is alive, then the vehicle will not be subject to a probate estate. However, if the vehicle is in the decedent’s name only, with no surviving co-owner, then a probate estate is necessary. If the vehicle is worth less than $50,000 then a small estate […]

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Letters of Administration for Foreign Small Estate in Baltimore City

If property is located in Baltimore, Maryland, and needs to be transferred via an estate opened in another state, a Foreign Proceeding must be opened. When a Foreign Small Estate is opened in Baltimore City the Register of Wills Office does not issue a Letter of Administration as they would in a regular Small Estate. […]

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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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