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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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How Should I Prepare for a Meeting with a Maryland Probate Attorney?

Before meeting with a Maryland probate attorney, it is important to be as prepared as possible. This post will provide an overview of what you will need and what questions to ask.   Begin by thinking carefully about your goals and concerns. If you are uncertain about any aspect of the probate process, come prepared […]

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Do Life Insurance and Retirement Benefits Need to Go Through Probate in Maryland?

Before meeting with a Maryland probate attorney, it is important to be as prepared as possible. This post will provide an overview of what you will need and what questions to ask.   Begin by thinking carefully about your goals and concerns. If you are uncertain about any aspect of the probate process, come prepared […]

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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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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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Must I Open a Maryland Probate Estate if the Only Asset is a Motor Vehicle?

If the motor vehicle is co-owned, and the other owner is alive, then the vehicle will not be subject to a probate estate. However, if the vehicle is in the decedent’s name only, with no surviving co-owner, then a probate estate is necessary. If the vehicle is worth less than $50,000 then a small estate […]

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How Long Do Creditors Have to Bill an Estate in Maryland?

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In Maryland, the creditors have six (6) months to file a claim. The bill must be sent to the Personal Representative and filed with the Register of Wills. If you are a Personal Representative of an estate and waiting for a bill from the hospital or other creditor, it might be a good idea to […]

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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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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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