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Tag Archives: Maryland Wills

Maryland Probate: When a Decedent’s Home is in a Revocable Trust, but the Car is Not

Many Maryland families create revocable living trusts to avoid probate and the estate administration process. If the family home is transferred into a trust by a property deed, the trustee can typically manage or sell the property without court involvement and the oversight of the Register of Wills. Problems can arise when other assets, especially […]

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Can a Non-United States Citizen Serve as a Trustee for a Maryland Trust?

The short answer is yes. Maryland law does not require that a trustee to be a U.S. citizen. According to the Maryland Trust Act, there are only four requirements for a person to qualify as a trustee: They must be 18 years of age, willing to accept the appointment, competent to act within the role, […]

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What is the Spouse’s Elective Share in Maryland Probate?

In Maryland probate, the spouse elective share provides financial protection for a surviving spouse, even if they are left out of a last will and testament. The elective share allows a surviving spouse to receive a fixed portion of the deceased spouse’s estate.   This percentage is determined by whether the decedent is survived by […]

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Trustee Resignation Made Easier by The Maryland Trust Act

Under the Maryland Trust Act, which governs the administration of trusts in the state of Maryland, trustees will soon find it easier to resign from their duties. Beginning October 1, 2025, a Trustee may resign simply by submitting a written 30-day notice, informing beneficiaries, the creator of the trust (if still living), and any co-trustees. […]

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How Should a Personal Representative Handle Homeowner’s Insurance?

The Personal Representative has a fiduciary obligation to protect all assets of the decedent’s estate. If the decedent owned a property, this includes ensuring that the utilities and taxes are paid, and that the home is adequately secured among other obligations. What is often overlooked, however, is homeowner’s insurance.   If you are the Personal […]

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Can a Non-U.S. Citizen Create a Last Will and Testament in Maryland?

The short answer is yes, Maryland law allows non-U.S. citizens to create a Last Will and Testament provided they are at least 18 years of age and of sound mind. Keep in mind that each state may have specific laws governing what a Will should contain, how it should be executed, and any legal requirements […]

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New Estate and Gift Tax Exemption Levels for Maryland

The IRS recently announced an increase in federal estate and gift tax exemptions for 2025. While this change will mainly impact high-net-worth individuals, this may be a good time for you to revisit and reconsider your strategies for transferring wealth moving forward.   The federal estate tax is a tax imposed on any transfer of […]

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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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