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Maryland Probate: Cremation and Notification

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I was recently asked a question that has been asked a few times: can a person authorize cremation in Maryland without notifying next of kin? In other words: can you make an order to be cremated without disclosing this information to others? The short answer: yes. You can indicate in your Will your desire to […]

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Maryland Probate: When Real Estate Is The Only Asset

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The Maryland code makes no distinction between personal property (e.g. motor vehicle) and real property (e.g. house & land; real estate) when setting forth the requirement that an estate must be opened for a decedent. There are many instances where an estate does not need to be opened, for example if the sole asset is […]

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How to Close an Estate in Maryland Probate

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Under Maryland law, Estates & Trusts, the final approval of the final account, as submitted to the register of wills, automatically closes the estate. This can also terminate the appointment of the personal representative however there are circumstances where you may wish to request to keep the appointment open beyond the closing. Often additional accounts […]

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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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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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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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