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Tag Archives: Maryland Probate Attorney

The Hierarchy of Payments From an Estate in Maryland

During the process of administering an estate, you might discover that the assets in the estate are not sufficient to pay all claims made against the estate. If you find yourself in this situation as a Personal Representative, Maryland law specifies a hierarchy of payments. The hierarchy is as follows:   1. Fees due to […]

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Inheritance Rights for Domestic Partners Expanded Under New Maryland Law

One of the significant changes introduced by Maryland Senate Bill 792 relates to the treatment of estate taxes for individuals in domestic partnerships. In the past, if a partner did not possess a will at the time of their death, their property would be subject to Maryland’s intestate laws. This new legislation, however, aims to […]

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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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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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Ways to Avoid Disputes Over Family Heirlooms

Family heirlooms can create problems among family members after a loved one has passed away. Even if the deceased had a will or trust in place, these documents may not address specific items, leaving family members the task of dividing up heirlooms fairly. This post explores ways to avoid disputes over family heirlooms.   If […]

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What is the Role of a Personal Representative?

A Personal Representative (aka executor) is a person appointed in an estate plan, or, when there is no will, appointed as a matter of law or by the court. This role involves ensuring that the decedent’s wishes are fulfilled when distributing assets, as well as managing the decedent’s affairs, including paying taxes and other bills. […]

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What Happens If My Heir Dies Before I Do in Maryland?

The answer to this question depends, first, on what kind of estate planning (if any) you have done.   If you have a will or a trust in place, you have already named your beneficiaries. But unless you have named alternate beneficiaries in your will or trust, you will have little control over where a […]

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What is a Tangled Title and What Can I Do About It?

A tangled title is a term used when you have inherited a home but the deed has not been legally transferred into your name. This may cause several difficulties, both practically and financially. For example, you may run into problems setting up utilities, obtaining a homeowner’s insurance policy, or taking out a home equity line […]

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What Is a Surviving Spouse Entitled to Receive Under Maryland’s Elective Share Statute?

Maryland’s Elective Share Statute was designed to prevent a surviving spouse from being disinherited. House Bill 99, signed by Governor Hogan in 2019, expanded the assets included in calculating what a surviving spouse could inherit.   Under the previous bill, only probate assets were subject to the elective share statute. Under the augmented statute, non-probate […]

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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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