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Category Archives: Probate Baltimore County Maryland

Where to File Probate: Maryland Estate Administration Lawyer

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“Where should probate be filed?” is often the first question of probate. The answer to this question seems less clear when the decedent had property or assets in multiple counties or states. Under Maryland law, probate must be opened in the county where the decedent lived. In legal terms, it is the county in which […]

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Maryland Estate Administration Lawyer: Non-Resident as Personal Representative in Maryland.

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I’m often asked: can a non-resident serve as Personal Representative for a Maryland estate? Yes. However, you must also have a Maryland resident named on behalf of the estate. The reason for this is that Maryland law requires a Maryland resident named on whom service of process may be made. This appointment must be filed […]

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Maryland Probate Lawyer: The Process of Transferring a House, Included in a Will, after Death

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This can be done quickly by a local attorney. You should work with an attorney who is knowledgeable with the process in Maryland as the in-take requirements have recently changed in some locations such as Baltimore. A lien cert may also need to be ordered, but this should be handled by your attorney. As your […]

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Maryland Probate Lawyer: Initial Duties of a Personal Representative

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After an estate is opened in probate, through the Register of Wills, the Maryland Personal Representative must examine the decedent’s mail, financial records, safe deposit box, important documents and tax returns. It is the Personal Representative’s duty to determine how the property is legally titled by reviewing the ownership documents such as deeds and bank […]

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Maryland Probate Attorney: Where to Initiate Probate in Maryland

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Probate needs to be initiated in the county of residence, and this is done through the Register of Wills. This can be done by you though you will likely need the assistance of an attorney, at the very least, or want an attorney to handle the entire matter depending on your level of knowledge of […]

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When is Judicial Probate required in Maryland? (from a Baltimore Maryland Estate Administration Attorney)

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Judicial Probate can be triggered if one of the following happens: 1. An interested person makes the request. 2. A creditor makes the request after there has been no administrative probate opened in Maryland for the estate. 3. If the petition for Maryland administrative probate is incomplete or incorrect. This mistake could be made by […]

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Maryland Probate Attorney: Are Life Insurance Policies Included in Maryland Probate?

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No, if the beneficiary is an individual and not the estate of the decedent. In this instance proceeds from an insurance policy are handled outside of the administration of the estate in probate. For a free, confidential conversation to discuss this and other estate planning matters, including probate administration legal services, contact Maryland probate administration […]

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Maryland Probate Lawyer: What Happens to Unclaimed Gifts?

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If a legatee hasn’t claimed a gift, that they were entitled to, under a modified estate in Maryland, does the asset get distributed to other named heirs? The first place to look for the answer is to the decedent’s Maryland Last Will and Testament. In Maryland the Personal Representative (known as an Executor in other […]

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Baltimore Maryland Probate Attorney: What is considered the “Gross Estate” for Probate in Maryland?

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The Gross Estate includes all of the assets in probate and those that could potentially transfer outside of probate. For example, an insurance policy is included in the gross estate even if the policy is not payable to the estate. For a free, confidential conversation to discuss these and other estate planning matters, including probate […]

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Maryland Estate Planning Lawyer: What Are Probate Assets?

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Probate assets are those that pass pursuant to the terms of the decedent’s Will or if no Will was created, than pursuant to Maryland law. Examples of probate assets include those items that were held in the decedent’s name only: cash, stocks, bonds, life insurance policies…. Non-probate assets are those that pass independent of a […]

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