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What Is Ancillary Probate in Maryland?

When someone passes away in Maryland, their estate typically goes through probate, but if the deceased person owned real estate or other assets in another state, ancillary probate may be required to transfer ownership of those assets to their heirs or legatees.   The primary probate process occurs in the state where the deceased person […]

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What Happens with Your Debt When You Die in Maryland?

The passing of a loved one is a challenging and emotional time, and dealing with their financial affairs can be equally daunting. It’s important to understand the legal and financial processes that can happen when a person passes away and leaves behind debt.   Estate Administration Process   In Maryland, when a person passes away, […]

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Will This Property Need to go Through Probate in Maryland?

If the deed states “…grant and convey unto the said John and Jane as tenants by the entireties, their heirs and assigns in fee simple…” does the property go through probate or convey to the heirs? I would want to review the entire deed, but given just this language in a Maryland deed, in short: […]

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My Spouse Died Without a Will in Maryland, Can I Manage Their Estate?

In Maryland, if you are married at the time of your spouse’s death, then you may have an interest in being the personal representative of the estate and inheriting their property. However, if your spouse has adult children, they may also have a property interest. Or, there may be a shared property interest depending on […]

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May a Personal Representative or Trustee Demand a Release?

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Yes, a Personal Representative may demand a release in the absence of a state statute that says otherwise. Generally, the Maryland Court of Appeals has decided that so long as the release is not written in such a way as to be one-sided or impermissibly favors the trustee’s interest over the beneficiaries, releases that absolve […]

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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: 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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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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