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Maryland Probate: When a Decedent’s Home is in a Revocable Trust, but the Car is Not

Many Maryland families create revocable living trusts to avoid probate and the estate administration process. If the family home is transferred into a trust by a property deed, the trustee can typically manage or sell the property without court involvement and the oversight of the Register of Wills. Problems can arise when other assets, especially […]

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The Risks of Not Properly Reporting Inherited Property in Maryland

If you inherit property in Maryland, it’s important to be aware of any tax responsibilities that may come with the inheritance. Unreported or misreported tax information can result in liability you hadn’t anticipated.   In Maryland probate, inherited property receives a new tax basis equal to its fair market value at the date of the […]

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What is the Spouse’s Elective Share in Maryland Probate?

In Maryland probate, the spouse elective share provides financial protection for a surviving spouse, even if they are left out of a last will and testament. The elective share allows a surviving spouse to receive a fixed portion of the deceased spouse’s estate.   This percentage is determined by whether the decedent is survived by […]

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New Maryland Law Elevates Priority for Unpaid Child Support in Probate

A new law (House Bill 261) was recently passed that will make child support payments a higher priority in the hierarchy of claims against an estate. The new law goes into effect in October of 2025. Previously, child support was placed under “All Other Claims” at the bottom of the list. The new law moves […]

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How Should a Personal Representative Handle Homeowner’s Insurance?

The Personal Representative has a fiduciary obligation to protect all assets of the decedent’s estate. If the decedent owned a property, this includes ensuring that the utilities and taxes are paid, and that the home is adequately secured among other obligations. What is often overlooked, however, is homeowner’s insurance.   If you are the Personal […]

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How Much is a Personal Representative Compensated in Maryland Probate?

If you have taken on the responsibility of being the Personal Representative of an estate in Maryland, you may be wondering if—and how much—you will be compensated for your time and effort.   The role of Personal Representative involves a variety of tasks and responsibilities, which we have written about in our post “What is […]

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The Importance of Homeowner’s Insurance for Maryland Probate

Homeowner’s insurance is an often-overlooked aspect of estate administration. If you are the Personal Representative of an estate, you have the fiduciary responsibility of securing and protecting all of the decedent’s assets, which includes making sure their homeowner’s insurance remains in effect for the estate’s real property.   As the Personal Representative you should determine […]

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Do I Need a Probate Bond for a Maryland Estate?

A probate bond is a form of insurance designed to protect the estate and all beneficiaries from fraudulence or mismanagement by the estate’s Personal Representative. In most cases, Maryland state law requires a probate bond with a few exceptions, including:   1. If the decedent’s will explicitly waives the bond; 2. If all heirs or […]

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Inheritance Rights for Domestic Partners Expanded Under New Maryland Law

One of the significant changes introduced by Maryland Senate Bill 792 relates to the treatment of estate taxes for individuals in domestic partnerships. In the past, if a partner did not possess a will at the time of their death, their property would be subject to Maryland’s intestate laws. This new legislation, however, aims to […]

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Determining the Value of an Estate in Maryland

Understanding how an estate is valued is a crucial step in the probate process. In the state of Maryland, the valuation of an estate involves several considerations, and navigating these complexities is important for both the Personal Representative and the beneficiaries.   Appraisal of Assets   One of the primary steps in estate valuation is […]

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