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Questions Answered by Paul E. Draper
1 Answer | Asked in Estate Planning for Maryland on
Q: I'm the Personal Representative of my mother's estate. Does her house have to be deeded to me in order to sell?
Paul E. Draper
Paul E. Draper answered on Jan 3, 2017

Your late mother's house can be sold through her estate by the personal representaive or after it has been transferred from her estate to the designated legatees or heirs by them. There are certain benefits availble to an estate to sell real property which is not available to individuals including... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Q: In the state of Maryland, after her mother has passed, if a personal representative (PR) lives in the mother's home

Q: After her mother has passed, if a personal representative (PR) lives in the mother's home and does not pay rent to the

and does not pay rent to the estate is the personal representative responsible to all pay the utilities for that home? What about if none of the other legatees agreed... Read more »

Paul E. Draper
Paul E. Draper answered on Jun 1, 2016

As with most legal questions, there is generally not one correct answer for all circumstances, but is based on the underlying facts of that situation. If the personal representative moved in to your mother's home to preserve and protect it during the administration of the estate, that situation... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: My mother has a reverse mortgage on her house and there will be a negative equity of $50,000 owed when she passes.

I do not wantany responsibilty for the house , how does my mother keep that from happening? I don't want to be responsible for the balance on the house or the death or estate taxes.

Paul E. Draper
Paul E. Draper answered on Mar 12, 2016

Assuming that your mother's reverse mortgage is federally insured, upon her death the outstanding balance of the mortgage becomes due, however, neither her estate nor any anyone inheriting from her estate will become liable for that debt. In your mother's case where there is no equity in property,... Read more »

1 Answer | Asked in Probate for Maryland on
Q: My grandfather recently died. He had a bank account set up for me and my two siblings.

My grandfather recently died. He had a bank account set up for me and my two siblings. During the time he had Alzheimer's disease, Parkinson's, and Dementia, my Aunt & Father were fighting in court over who had power of attorney. Over his money, wills, body, etc. My aunt got power of attorney over... Read more »

Paul E. Draper
Paul E. Draper answered on Oct 8, 2015

There is no quick or easy answer to your question. Your aunt in her capacity as your grandfather's agent under the power of attorney created by him owed him a fiduciary duty to administer his property in his best interest. Furthermore, your aunt cannot act under the power of attorney for her best... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: My mother in law has been paying the taxes on a peace of property that was her grandfathers for well over 20 Years.

My mother in law is the only surviving family member now. How do we get the deed transfered into her name solely.

Paul E. Draper
Paul E. Draper answered on Sep 11, 2015

If the property is located in Maryland and is titled solely in in name of your mother-in-law's grandfather, then that property is an asset of the estate of the grandfather. Your mother-in-law most likely has a right to receive an interest in the property either through intestate succession or the... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: How do I file an eception to a 3rd not final account, in Baltimore Cnty. I inherited and recieved a house.

Due to neglect & mismanagement by the personal representive. Damages were done to the property by bursted water pipes,from no heat. The property was covered by insurance. But the repairs are really bad and incomplete. There is nothing in the account filing showing the cost of repairs or insurance... Read more »

Paul E. Draper
Paul E. Draper answered on Sep 11, 2015

Filing exceptions to an administration account is a time sensitive issue since exceptions have to be filed within 20 day of approval of the administration account. Even though receipt of insurance proceeds and expenditures of repairs to an estate asset (the house) should be included in the... Read more »

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1 Answer | Asked in Probate for Maryland on
Q: Can PR of my mother's estate, list her home for sale, while the estate is in probate? When is legal/allowable to do so?
Paul E. Draper
Paul E. Draper answered on Aug 13, 2015

One of the primary duties of the personal representative is to marshal the decedent's assets. As part of this duty to marshal assets, Maryland law explicitly authorizes the personal representative the right to sale the decedent's assets including real property. After an estate is opened, the... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: My mother's estate is worth less than $100,000.00. The beneficiaries of the estate are my sister, me, and my brother-in-

law. Will we owe any inheritance tax?

Paul E. Draper
Paul E. Draper answered on Jul 21, 2015

A probate estate or the persons receiving under that estate may be subject estate and/or inheritance taxes. Due to the size of the estate and whose inheriting from it, there will be neither estate nor inheritance taxes owing. For estates of decedent's who died in 2015, no federal estate taxes are... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: What are the procedures to sell an inherited home in Prince George's County Maryland? Thank you

My mother's mom and dad passed away. She currently has two siblings. We have registered the Will and it states that the proceeds from selling the home will be divided equally. Please explain the next steps for the sell of the home. Thank you

Paul E. Draper
Paul E. Draper answered on Jul 17, 2015

If the property has already been distributed from an estate of the deceased owner to an heir of the estate, then that heir is now the owner and can sell it without any restrictions. However, if the property is still titled in the name of the deceased, then an estate has to be opened and... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: My mother owns a home which she wants to gift to me. She's having trouble conveying this after her stroke.

What can she do to transfer the property if her speech is not clear and she can't write it out?

Paul E. Draper
Paul E. Draper answered on Jul 16, 2015

Your mother can only gift and transfer any property she owns if she is found to be competent to do so. This finding of competency is predominantly a medical decision and her treating physicians or a specialist such as a neurologist should evaluate your mother to determine if she is competent. If... Read more »

1 Answer | Asked in Probate for Maryland on
Q: All my assets are in 2 brokerage accounts with my children as beneficiaries. Will my executors have to file Probate?

One of my sons also has Power of Attorney on the 2 accounts.

Paul E. Draper
Paul E. Draper answered on Jul 16, 2015

If these brokerage accounts are titled as "TOD" or transfer on death accounts in which your children are the designated as beneficiaries then these accounts will not be part of your probate estate. These accounts will automatically transfer to your children after your death once they provide the... Read more »

1 Answer | Asked in Probate for Maryland on
Q: If a father dies without a will can a son more than 18 years inherit
Paul E. Draper
Paul E. Draper answered on Jul 15, 2015

If a persons dies intestate or without a will, then that person's estate after paying his or her allowable debts and administrative expenses of the estate is distributed according to the laws of intestate succession. Accordingly, if a persons has a surviving spouse then that spouse is entitled to... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Do I have to leave any part of my estate to my spouse? I live in the state of Maryland.
Paul E. Draper
Paul E. Draper answered on Jul 15, 2015

A spouse is not required to leave any assets to a surviving spouse under his or her will. However, if a spouse is disinherited or left a nominal amount under a deceased spouse's will then the surviving spouse can elect against the deceased spouse's estate and receive one-third of the estate if the... Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: I have POA for my Aunt. She has been in a nursing home for short term care and now has transitioned into long term care

at the nursing home. She is still on private pay, but is running out of money quickly. With her permission, am I am to sell her car? If so, what do I need to know to benefit her the most? We live in Maryland.

Paul E. Draper
Paul E. Draper answered on Jul 15, 2015

I presume that your aunt is single or if married her spouse is also in a skilled nursing facility so that there is a need to spend down her assets below $2,500 in order for her to qualify for medical assistance. If she is married and has a spouse is still living in the community, then certain... Read more »

1 Answer | Asked in Probate for Maryland on
Q: Are legal fees reimbursable in a small insolvent estate?
Paul E. Draper
Paul E. Draper answered on Jul 15, 2015

Unlike personal representative's commissions in a small estate, counsel fees are not prohibited. However, since there are no statutorily allowed commissions, the attorney seeking counsel fees must submit a petition for counsel fees with the the orphans' court. Furthermore, since counsel fees are... Read more »

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