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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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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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How is Property Distributed in Maryland if There is No Will?

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After the assets are used to pay estate expenses, debt, and taxes, the rest can be distributed to the closest living heirs. This is done according to Maryland’s intestacy laws. In Maryland, typically a surviving spouse and children would be given priority. If there is no surviving spouse then children would receive the assets equally. […]

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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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Record Your Will & College Park, Maryland Estate Planning

Maryland, unlike many states, allows Wills to be filed with the county in which you live. As an estate planning attorney, I have encountered clients in Maryland who have 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 […]

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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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Can I Obtain A Copy of Someone’s Will?

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In Maryland people are allowed to file their Wills for safekeeping with the Register of Wills in the county where they reside. While living, a person’s Will is not part of the public record and thus no one can have access to the Will. After the person has died, the Will becomes part of the […]

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Maryland Probate: Who Distributes The Estate’s Assets?

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Under Maryland law the named or appointed Personal Representative is responsible for the distribution of the estate assets. To reach the point in the estate administration where the law allows distribution, the Personal Representative must pass several stages and filings and should only distribute assets after approval from the Register of Wills and the Orphans’ […]

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