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Category Archives: Estate Administration Lawyer Maryland

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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Do I Need a Bond for the Personal Representative of my Maryland Estate?

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Whether or not you need a bond for your personal representative depends on your specific circumstances. Generally, a personal representative bond is a surety bond to protect the beneficiaries of the estate against fiduciary misconduct. If the bond is in the form of an insurance, then there also needs to be a power of attorney […]

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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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What Happens To Property After Divorce In Maryland?

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In Maryland, a married couple may own property together as tenants by the entirety. In order for a tenancy by the entirety to exist, the following five conditions must exist: 1. Tenants must acquire the property at the same time. 2. Tenants must have equal interest in the property. 3. Tenants must acquire title by […]

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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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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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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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