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What Happens To Property After Divorce In Maryland?

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In Maryland, a married couple may own property together as tenants by the entirety. In order for a tenancy by the entirety to exist, the following five conditions must exist: 1. Tenants must acquire the property at the same time. 2. Tenants must have equal interest in the property. 3. Tenants must acquire title by […]

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What Happens to Your Student Loans After You Die?

If you’re struggling to pay off your student loans, you might be wondering who will have to pay those loans back in the event that you or a loved one passes. In general, federal student loans (whether signed with or without a co-signer) are discharged upon one’s death. Private loans, however, will largely depend on […]

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What if the Personal Representative of the Estate is Deceased?

If you want to assume the place of the Personal Representative due to unforeseen reasons, the matter must be addressed by the court. If the Principle is deceased and the Personal Representative is incapable of performing the duties then we must petition the court in the county of the estate. Until the court rules, no […]

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How do I Claim a Deceased Relatives’ Unclaimed Property?

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If you need to claim property that is within the state of Maryland, then you will need to have a claim filed with the Comptroller of Maryland. Additional documentation is needed for proof. The documentation needs to include two forms of identification, and items such as bank account information and insurance proceeds. Depending on the […]

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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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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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Adding Spouses to the Deed of a Bequeathed Property

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The deceased bequeaths house to family member in their will. The family member wants to add their spouse to the deed as Tenant by Entireties (T by E). The best way to handle this situation is to draft and file separate deeds, showing the clear chain of title. The reason for this is that there […]

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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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Maryland Probate: Do I File a Will With No Assets?

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This is a common question people have and reasonable to wonder if a person’s Will needs to be filed if the person died with no assets. Under Maryland Law, the decedent’s Will must be filed in the jurisdiction of domicile even if the person died without any assets. This does not mean that an estate […]

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Do I Need a Bond For a Maryland Small Estate?

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If you are an individual serving as the Personal Representative of a Maryland small estate, the short answer is: yes, you will need to secure a bond on behalf of the estate. However there are some exceptions: if the value of the estate is less than $10,000 (after funeral expenses & family allowances), if the […]

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