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Maryland Probate Questions & Answers
1 Answer | Asked in Probate and Real Estate Law for Maryland on
Q: Can mortgage company foreclose on a home owned solely by my brother whose estate is in probate?

Brother died intestate on 8/13/2021. Probate court date is 27 October, at which time personal representative will be selected. Creditors will have 6 months to come forward. House is major asset and there are insufficient cash funds in the estate at present to pay mortgage payments. Equity in... Read more »

Mark Oakley
Mark Oakley answered on Oct 16, 2021

No chance the mortgage company can foreclose and sell that fast. It takes at least 90 days of no mortgage payments to trigger the foreclosure notices, and if the PR communicates to the mortgage company the death of the borrower and that an estate is open and the house will be sold, then they will... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: What type of legal representation is needed for an inheritance buyout dispute where the home is in MD and I am in GA?

My siblings and I were willed a house. One sibling wants to keep the house and has made a buyout offer. I don't believe the buyout offer is equitable. I am seeking expertise with interpreting the appraisal to obtain a fair buyout offer. I have no idea what type of legal representation I need... Read more »

Mark Oakley
Mark Oakley answered on Oct 5, 2021

It’s been a pretty hot market this past year around here, so you’re going to want to get a fair appraisal done to at least know what the house is likely able to sell for. I think what you’re saying is that the house was already deeded by the estate to the three of you, so now you all own 1/3.... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: what is the next step after i have been awarder the administrator of my Mom's Estate by the courts

have sent out the letter of interested parties. have created a bank account in my Moms name / estae of to depost 2 checks made out to her estate.

Mark Oakley
Mark Oakley answered on Sep 30, 2021

Managing a decedent's estate is not like following a recipe to bake a cake. If you are not going to hire an estate lawyer, then you need to download and read all the brochures on estate administration available on the Register of Wills website, as well as make appointments with the ROW to... Read more »

1 Answer | Asked in Municipal Law and Probate for Maryland on
Q: What type of deed is used in Maryland to transfer property from the treasurer to an individual? Is it a special warrant
Richard Sternberg
Richard Sternberg answered on Sep 20, 2021

There are three types of deeds in real property in Maryland: 1) General Warranty Deeds; 2) Special Warranty Deeds; and 3) Quitclaim Deeds. The first is rarely used in Maryland. It promises that the transferor's title was good from all claims before him. The second type merely warrants that the... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: For the inventory, is a formal appraisal required for motorcycles?

side note: KelleyBlue Book does not provide private party values for motorcycles.

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Use Kelly Blue Book, www.kbb.com, private sale value.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Q: I have received the letters of administration for an estate. The will authorizes me to sell real property.

How long do I have to wait after being appointed as PR to sell real property? Do I need to file anything with the court or notify interested persons of the sale? In addition, decedent also owns a mobile home. Am I required to get a formal appraisal for the mobile home?

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 9, 2021

There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: If the rightful heirs to my deceased girlfriend's estate (intestate) agree

to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?

Richard Sternberg
Richard Sternberg answered on Aug 11, 2021

The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since... Read more »

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2 Answers | Asked in Probate for Maryland on
Q: Real Property going through Probate Subject to Tax Sale.

I am about to open an estate for my mother and found out her property was sold at a tax sale a week after her death. Am I still able to sell the home once I am appointed PR or will I have to redeem the property by paying off lien first?

Richard Sternberg
Richard Sternberg answered on Aug 11, 2021

The answer will depend on the jurisdiction and the terms of sale. Usually, a sale must be approved by the court before it is beyond redemption. In some jurisdictions, all that was sold was a tax certificate that entitles the buyer to a high interest rate. In any event, the death before the sale may... Read more »

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1 Answer | Asked in Criminal Law and Probate for Maryland on
Q: Can useeifi have warrants
Scott Scherr
Scott Scherr answered on Aug 4, 2021

Some warrants appear online at Maryland Judiciary Case Search and other warrants (such as arrest warrants) remain hidden until you are arrested.

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Who gets brothers share?

My dad passed away in March 2021. We agreed my brother and sister would divided real estate property in half. I opted out because I was gifted 4 acres 17 years ago and consider that as an early inheritance. My brother was personal representative until becoming too ill, my sister then accepted the... Read more »

Mark Oakley
Mark Oakley answered on Jul 5, 2021

I am assuming that your father died without a Will, otherwise that would control. If there was no Will, then the estate is split three ways, one equal share for each of you, your sister, and your nephew, unless your brother was either (1) not the biological child of your father, or (2) was not... Read more »

2 Answers | Asked in Probate for Maryland on
Q: Is real property of a decedent subject to being included in the net estate for calculating elective share?

Maryland. Real property was held in a life estate deed, with rights, and POD to decedent's children (from previous marriages). Life estate deed was created 6 yrs prior to current marriage to surviving spouse. Decedent and surviving spouse were married 18 yrs when decedent passed.

Mark Oakley
Mark Oakley answered on Jun 29, 2021

Your facts are incomplete. Real property owned by the decedent is included in the estate for all purposes; however, real estate deeded under a typical life estate has (1) a life tenant, who has exclusive use and rights to the property during their lifetime, but does not "own" the... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Maryland on
Q: My mother died intestate in 2002. She left a home in KC, Missouri in poor condition that has been demolished by the city

I paid the mortgage and taxes on the property the last few years before her death. I paid off the mortgage months after her death and have continued to pay the annual property taxes on the now vacant land. I would like to put the property in my name so that I can sell it. I have 2 siblings that I... Read more »

Mark Oakley
Mark Oakley answered on Jun 3, 2021

You need to open an estate for your mother, in the jurisdiction she resided in at the time of her death. If that was in the same jurisdiction as the now vacant land, do it there. Once you are appointed executor or personal representative of the estate, you can then sell the property without... Read more »

1 Answer | Asked in Probate for Maryland on
Q: In a small estate filing, if allowable costs exceed the value of the assets, do estate creditors have to be paid?

Estate assets total $11,552. Allowable funereal expenses are $4,398, applicable family allowances are $10,0000 and filing fee is $100 for total expenses of $14,498. Estate assets are $2,946 less than allowable expenses.

Mark Oakley
Mark Oakley answered on May 16, 2021

Section 8-105 of the Estates & Trusts Code governs priority of payments from an estate:(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

(1) Fees due to the register;

(2)...
Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: I am a beneficiary to my mother's estate. I solely took care of my mom for years in her home and oversaw her care,

otherwise there would be no house to sell. My sibling is the Executor, has hired an appraiser to sell furniture, donate and discard her belongings without including me. I've asked for a detailed list of everything sold and donated but has refused telling me to wait til all is finalized. Do I... Read more »

Richard Sternberg
Richard Sternberg answered on Apr 16, 2021

You should probably have a consult with a lawyer to review the will, if any, and the petition for probate and inventory. Perhaps you should be a co-personal representative or insist on notices or file a claim.

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: § 7-201. Duty to prepare and file inventory: Specifically, it states "The inventory shall include (#2) tangible personal

property, EXCLUDING??: Wearing apparel, other than furs and jewelry; and (ii) Provisions for consumption by the family

WHY WOULDNT THESE BE INCLUDED?

Richard Sternberg
Richard Sternberg answered on Apr 14, 2021

A lawyer can be very helpful in sorting these things out, but, generally, the clothing of the deceased has very little economic value. It is most often donated to a homeless shelter or Salvation Army, and the proceeds are insignificant. The leftover food in the house is worth even less, and you... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: My mom passed away with no will. She is not married and I am her legal heir. How can I get money from her estate?

My mom was not married and I am over 18 years of age. I need money before going to probate.

Mark Oakley
Mark Oakley answered on Apr 11, 2021

It's not that simple. When a person dies, any assets they own becomes property of their estate, whether or not a formal estate has been filed and opened. Financial institutions like banks will freeze and lock the accounts of any account holder whom they learn has died, and will only allow... Read more »

1 Answer | Asked in Probate and Estate Planning for Maryland on
Q: "A Personal Representative has an obligation to appraise everything in the probate estate." This was in response to a

question I previously posted. (1) I noticed on the MD court website for my mother's estate, with the docket of forms already filed with the court, the PR has listed $0 in inventory of household belongings filed. I've become aware an appraiser was hired to sell, donate or gift belongings... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 26, 2021

To get specific legal advice on a particular estate you may want to reach out to an estate attorney for a consultation.

To answer the general question "Does [a] PR need permission from the court to settle?" Usually no, under most circumstances a Personal Representative in...
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1 Answer | Asked in Probate for Maryland on
Q: Does the Executor need signatures from the heirs before final payout of a regular estate
Mark Oakley
Mark Oakley answered on Mar 19, 2021

No. The final distributions are made in accordance with the final account filed and approved by the court. Written exceptions to the account are filed by any interested person and resolved by the court, if any are filed. That is not to say that a distribution plan cannot be agreed upon by all... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: I can access my mother's public estate information on the Maryland website presently going through probate. I noticed a

recent update was filed but wasn't included in the docket information to request a copy. Why is this not listed? Also, can you tell me what are "court sealed dockets" that are not available to request a copy other than a Will held in safekeeping? Thank you.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 16, 2021

Most all documents filed in an estate are a matter of public record. The court may, in rare situations, seal documents which are not open to the public.

If you have questions about a specific filed document not showing up in the docket it would probably be best to direct the question to...
Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: It is noted, Distributions cannot be made to the estate heirs/legatees until after the final account is audited approved

from the Executor. However, do the heirs receive notice before final distribution and have the opportunity to request a detailed summary of the accounting and able to object if need be? Also can the Executor (and heir) allow himself compensation against the estate if another heir took care of... Read more »

Mark Oakley
Mark Oakley answered on Mar 16, 2021

Objections (or, "exceptions") to an account may be made within 20 days following the court's notice approving the account. Note, this is not 20 days after receiving a copy of the account that has yet to be approved. In many cases, the audit department raises issues and requires... Read more »

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