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Category Archives: Estate Administration Lawyer Maryland

How Should My Maryland Will Provide for My Children?

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When your will is drafted you should designate a person, or people, who will serve as guardian if you and your partner both die while your child is a minor; in Maryland this is a child under the age of 18. Your will also gives you the opportunity to create trusts that will control how, […]

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Distributions From a Maryland Probate Small Estate

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Under Maryland law the Personal Representative (known in other states as Executor) of the Maryland small estate can begin to make distribution of assets after the time for filing claims has expired. With most Maryland small estates this time period will expire six months after the Personal Representative has been issued Letters of Administration. Distributions […]

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MD Estate Admin: Employer Identification Number (EIN)

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Once the court or register of wills for the county or city has issued Maryland Letters of Administration for the Personal Representative, or attorney, for the estate, the PR should obtain a Federal Employer Identification Number or EIN. The IRS does not charge a fee and the EIN can be obtained on-line in some instances […]

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Baltimore, Maryland Probate Lawyer: Personal Representative’s Responsibility

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Clients often ask: as the Personal Representative am I personally responsible for the bills that my loved one received just before passing? Under Maryland law the Personal Representative (known in other states as Executor) of the estate is not personally liable for the decedent’s debt unless the debt was co-owned by the Personal Representative. If […]

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Maryland Estate Administration Attorney: What You Should Do With The Will

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“What Do I Do With The Will?” is a common question in Maryland probate. The decedent’s Will must be delivered to the Register of Wills for the county in which they were domiciled. Often times an attorney is holding the Will for safe keeping and thus, under Maryland law, the attorney must deliver the Will. […]

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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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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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