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Maryland Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Aunt died intestate in the state of Maryland.

No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 18, 2022

If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: The decedent's house appraised at $360K at time of death then sold for $380K. Is the $20K incl in the augmented estate?

Decedent was a Maryland resident and died testate. The surviving spouse elected to take the 50% elective share. The spouse had no interest in the decedent's real estate.

Mark Oakley
Mark Oakley
answered on Nov 10, 2022

If the property was an asset of the estate, then the elective share applies.

2 Answers | Asked in Estate Planning for Maryland on
Q: If my mother owned a property with my brothers name on the deed wbut says unto their heirs . Does this mean I have right

Do I have rights upon my mothers death as a heir

Mark Oakley
Mark Oakley
answered on Nov 10, 2022

Would have to read the deed.

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2 Answers | Asked in Estate Planning for Maryland on
Q: If my mother owned a property with my brothers name on the deed wbut says unto their heirs . Does this mean I have right

Do I have rights upon my mothers death as a heir

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 11, 2022

It would depend on the deed language. Two people (including a parent/child) can own property together with or without survivorship rights and the mere fact that the word "heirs" is in the deed doesn't tell the whole story.

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3 Answers | Asked in Estate Planning and Probate for Maryland on
Q: What happens if someone refuses to sign probate papers?

Everyone has already appeared in Orphan's court and agreed to the administators. Bit now one person is refusing to sign the approval papers. Can the court make everyone proceed with probate?

Richard Sternberg
Richard Sternberg
answered on Nov 10, 2022

Your question says you are in DC, but it is posed as a Maryland question, and I am going to guess the estate is filed in PG County, because, even though it's called Orphan's Court formally, in Montgomery, the hearings are in the Circuit Court by the Circuit Court bench, so laypeople never... Read more »

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1 Answer | Asked in Probate and Estate Planning for Maryland on
Q: Dad died in MD with all (I think) assets in trust. Can I file for letters of Admin now, and open estate later if needed?

Montgomery county, only assets are in financial accounts. Valuable property was divided among children and charities before his death. He is to inherit money from his sister who died in 6 weeks prior to his death

Richard Sternberg
Richard Sternberg
answered on Oct 25, 2022

In Maryland, the way you get Letters of Administration is by filing a Petition for Probate. That opens an estate. If the assets are all in non-probate assets, they get listed separately in the Information Report.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Does estate have to be closed before beneficiary receives money.

I am a beneficiary, and I’m being told that I have to wait to receive any money until the account is closed. And that unless I sign over my rights to property to sell it that it cannot be closed. If I sign over my rights to the property they will close the estate and then said I would get any... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 20, 2022

If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Can money from an estate be distributed to heirs/legatee before it is closed?

The life insurance policy was outdated and my father who passed away was the named beneficiary. It went into my mother’s estate. All creditors and debts have been paid and the only thing pending is selling the house.Can the money be distributed before selling the house?

Mark Oakley
Mark Oakley
answered on Oct 20, 2022

Partial early distributions are permitted, but not required, so long as the estate is otherwise solvent an can pay all administrative expenses, fees and debts of the estate. An heir, however, is not entitled to an early distribution, and there is no basis to compel the PR to make an early partial... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Personal property in estate being retitled..

My moms well stated that my dad is to be her agent but if not that my sister myself or my brother Can be. My brother past away and I wasn’t included in the “PR”. Only my sister was. She has donated some of my mom’s vehicles paid off her truck and is in charge of all the accounts. I wanted... Read more »

Mark Oakley
Mark Oakley
answered on Oct 20, 2022

You need to have a lawyer review the will, the inventory and the accountings filed in the estate, before any useful advice can be provided. The estate may not have the funds to maintain the house (mainenance, utilities, property taxes, homeowner's insurance, mortgage, etc.) for five years, so... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Wife’s brother died. Before death he verbally said she could have a certain painting. Executor says no.

Nothing is in writing. We just want to know if the executor is telling the truth based on what the wheel says they won’t show us the will. Do we have a next step.

Mark Oakley
Mark Oakley
answered on Oct 14, 2022

His oral promises before death are not sufficient. The bequest needs to be spelled out in the Will. The Will must be filed in the probate estate when the estate petition is filed. Until the estate is opened and the executor receives Letters of Administration from the court, the executor has no... Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Maryland on
Q: My son in law passed and i have legal custody of both of his children and i'm representing the estate can we rent the

home without transferring the loan?

Mark Oakley
Mark Oakley
answered on Oct 1, 2022

Yes, the property can be deeded through the estate to the minor children, and the lender on the mortgage may not accelerate the loan or declare the loan balance due, but must accept continuing mortgage payments made on their behalf; however, the mortage lien remains on the property, so nonpayment... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: How do you phrase a will to prevent unknown heirs from applying for inheritance?
Mark Oakley
Mark Oakley
answered on Sep 21, 2022

Anyone not named in a Will gets nothing if your will specifically names those whom you want to receive your estate. The only exception is the statutory right of a surviving spouse (married at time of death) to elect one-third of your estate regardless of what your will says. If you are concerned... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Maryland on
Q: A relative of my elderly mother is trustee. He has been using funds personally but says she will run out of money.

He is a very ruthless attorney but presents well. He has been unresponsive to her care team and myself for replacement hearing aid at one point (which I had to fight for), he is not authorizing additional care for a fractured elbow and has instead suggested things like giving her sleeping pills,... Read more »

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

Why is there a trust? Who created the trust? How was the trustee appointed? Is this a court appointed guardian as opposed to a private trustee? What is your evidence supporting your claims that the attorney and his family have taken funds for their personal use? (If this is true that is a crime--a... Read more »

1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Maryland on
Q: For medicaid payments for my dad, can my disability be used shelter his savings? Where can I find written info?

My dad's in his late 80's in NY. If he needs medicaid to pay his care, can my disability (I'm on SSDI), age 60 in MD) be used to pass his savings to me, so our family can keep it? Is it just an exemption for a house or for other assets too?

Where can I find the gov'ts... Read more »

Mark Oakley
Mark Oakley
answered on Aug 25, 2022

Your father would need to seek out an elder care lawyer to map out a strategy to protect his assets from counting towards Medicaid eligibility. Your disability is irrelevant and will not shelter his assets. He would need to get his assets out of his name five years before applying for Medicaid if... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Can someone be buried on their family farm where they lived their entire life in Allegheny County Md?

Farm will be inherited by other family members who are in agreement with the request of the person to be buried.

Mark Oakley
Mark Oakley
answered on Aug 15, 2022

Private burial plots on an owner's land is only permitted if the county code for the local jurisdiction allows it; otherwise, it is prohbited by state statute, which requires that bodies be buried in a licensed cemetery. This is a health code issue, as well as a land use issue to protect... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: My uncle passed away without a will with minor beneficiaries. The executor of estate wants to buy property whats process

Executor is family member who is not a benficiary is this possible for fair market vallue, minor will be turning 18 before sale.

Mark Oakley
Mark Oakley
answered on Jul 16, 2022

If I am understanding your scenario, the executor of the estate intends to purchase real property owned by the estate, and the cash from that sale will then replace the real property in the estate for purposes of distribution to the heirs. There are conflict of interest issues here since the... Read more »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: My question would be What is the difference between power of attorney and an executor of the estate?
Mark Oakley
Mark Oakley
answered on Jul 5, 2022

A POA is a legal instrument that appoints another person to act as the "attorney-in-fact" or agent of the person creating the POA (the "principal"), who can do things in the name of the principal as if they were the principal, to the extent set forth in the POA. The POA is only... Read more »

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1 Answer | Asked in Contracts and Estate Planning for Maryland on
Q: Can I, sole beneficiary, take control of my Maryland GST from my still living dad due to breach of fiduciary duties?

I was not informed a GST with me as the only beneficiary, existed until my cousin recently lost her mother (my aunt), and she sent me the paperwork from the GST now that her and her brother are dissolving theirs(other half of the original trust).

I have severe health issues including a... Read more »

Mark Oakley
Mark Oakley
answered on Jun 23, 2022

A beneficiary of a trust has the right to obtain a copy of the trust and receive an accounting of the assets, to include investment performance of the assets and transactions in and out of the trust. Your starting point should be a written demand on the trustee for both of these things. Upon... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: If someone passed intestate in MD can their real estate property be put up for action prior to court granting sale
Mark Oakley
Mark Oakley
answered on Jun 19, 2022

A property can be foreclosed upon. The personal representative of the estate can sell the property. You need to provide more details and context as to how and why the property is up for auction.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Maryland on
Q: How to transfer a deed in puerto rico notarized in Pennsylvania
Richard Sternberg
Richard Sternberg
answered on Jun 12, 2022

You need to consult a Puerto Rican lawyer of title agent. While the notarial seal of another US jurisdiction is likely to be honored, the jurisdiction where the land lies will have transfer rules, filing requirements, and tax protocols to follow.

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