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Montgomery Village, Maryland Estate Planning & Will Filing

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As an estate planning lawyer, I encounter clients in Maryland who failed (or their attorney failed) to file their Will with the county. This is a critical final step in the Will creation process as it ensures safe keeping and quick access to your Will by the court that will handle probate for your estate. […]

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How to Close a Small Estate of Probate in Maryland

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Under Maryland law, Estates & Trusts, the approved Information Report, as submitted to the Register of Wills, typically closes the small estate. If there are any creditors who filed with the Register of Wills any unpaid valid claims could cause the small estate to remain open. The Register of Wills should provide a schedule of […]

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Maryland Estate Administration, Valuation of Stocks

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In Maryland the Information Report and Inventory for an administration probate is due within three months of opening the estate. These must be filed by the attorney and/or the Personal Representative along with proper valuation of all assets and supporting documents and appraisals. Each asset has a particular way of being valued under Maryland law […]

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Maryland Probate: Do I Need a Surety Bond?

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If you are an individual serving as the Personal Representative of a Maryland estate, the short answer is: yes, you will need to secure a surety bond on behalf of the estate. The bond will be filed and/or presented to the appropriate county Office of the Register of Wills, Estate Administration or Probate Division. If […]

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What Death Taxes are Payable in Maryland?

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Both the federal and state governments impose taxes upon the property/estate of a decedent. A federal estate tax with graduated rates is imposed on all property interests that the decedent owned at the time of death. The federal estate tax applies to probate assets and also to non-probate assets. For example, joint property and insurance […]

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Maryland Probate: Creditor Filing Deadline

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How long do creditors have to file a claim against an estate in Maryland? Maryland Estates & Trusts law provides that creditors, except for those otherwise exempt by statute, have six (6) months from the date the decedent died to file claims. All claims against a Maryland estate of a decedent, whether due now or […]

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Olney Maryland Estate Planning & Will Filing

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As an estate planning lawyer, I encounter clients in Maryland who failed (or their attorney failed) to file their Will with the county. This is a critical final step in the Will creation process as it ensures safe keeping and quick access to your Will by the court that will handle probate for your estate. […]

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Who Serves as the Personal Representative in Maryland When There Is No Will?

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Maryland law provides the following order of priority: the surviving spouse and children; the residuary legatees; the grandchildren of the decedent who are entitled to share in the estate; the parents of the decedent who are entitled to share in the estate; the brothers and sisters of the decedent who are entitled to share in […]

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MD Estate Administration, Obtaining Will Copies

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Once a will or any other document has been filed with a Maryland estate, copies of those documents can be requested. Each county is different in how they manage the process but all will provide the documents upon request while charging a fee for the document and the number of pages requested. The request should […]

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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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