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Category Archives: Probate Attorney Maryland

Maryland Probate Lawyer: Initial Duties of a Personal Representative

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After an estate is opened in probate, through the Register of Wills, the Maryland Personal Representative must examine the decedent’s mail, financial records, safe deposit box, important documents and tax returns. It is the Personal Representative’s duty to determine how the property is legally titled by reviewing the ownership documents such as deeds and bank […]

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Maryland Probate Attorney: Where to Initiate Probate in Maryland

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Probate needs to be initiated in the county of residence, and this is done through the Register of Wills. This can be done by you though you will likely need the assistance of an attorney, at the very least, or want an attorney to handle the entire matter depending on your level of knowledge of […]

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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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Baltimore Maryland Probate Attorney: What is considered the “Gross Estate” for Probate in Maryland?

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The Gross Estate includes all of the assets in probate and those that could potentially transfer outside of probate. For example, an insurance policy is included in the gross estate even if the policy is not payable to the estate. For a free, confidential conversation to discuss these and other estate planning matters, including probate […]

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Maryland Estate Planning Lawyer: What Are Probate Assets?

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Probate assets are those that pass pursuant to the terms of the decedent’s Will or if no Will was created, than pursuant to Maryland law. Examples of probate assets include those items that were held in the decedent’s name only: cash, stocks, bonds, life insurance policies…. Non-probate assets are those that pass independent of a […]

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Maryland Estate Planning: Important Documents Needed After Someone Dies

Upon the death of someone in Maryland either the Personal Representative (if there was a Will) or friends and family members will need to collect the important papers of the decedent. If a Will was created, and the individual followed sound advice, a list of these important documents could exist in a location that the […]

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Maryland Estate Planning: Avoiding Probate

The Probate Process For more on the Maryland probate process, read my blog post. Creating a Will without any other Estate Planning does not stop your estate from going through the probate process. Avoiding Probate Because probate can be a lengthy, costly and public process, many people choose to avoid it. There are a number […]

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Maryland Probate Attorney: The Maryland Probate Process

Each probate estate is unique, but most include the following steps: 1. File petition with the correct Maryland probate court 2. Notify the heirs under the Will, or the statutory heirs, if no Will exists 3. Petition to appoint the Executor (if there is a Will) or Administrator for the estate 4. Executor creates an […]

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