May a Personal Representative or Trustee Demand a Release?

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 the trustee from liability are acceptable.

Deciding whether to create trust and who to choose as your personal representative can be a difficult decision. The best way to make the decision is to contact an experienced attorney and discuss your goals and concerns.

For a free, confidential conversation to discuss estate planning, including creating a living trust, or settling an estate, contact Maryland estate attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here.

Day, evening and weekend appointments are available in office, at your residence or remotely at your convenience. Mr. Reichert personally serves estate planning clients throughout the entire state of Maryland.

Stephen looks forward to assisting you with your Maryland estate planning needs.

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