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Questions Answered by Cedulie Renee Laumann
2 Answers | Asked in Estate Planning for Maryland on
Q: Does my nephew pay 10% tax in Maryland when upon my death he is the beneficiary of $10,000.00 from my savings account?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 15, 2021

Short answer is "yes." Under current Maryland law, a niece/nephew pays 10% on the value of what they inherit from an aunt/uncle (whether through a Will, co-owned account or a POD account).

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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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3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: What is the best way for four families to build one shared residence?

We and three other families intend to sell our homes when our kids go to college and build one large custom home on acreage. Should we form some manner of legal entity to pool our money and deal with the builder, etc.?

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

The answer depends in part on whether you need funding (mortgage) or not. Funding as an entity will be different than getting funds as an individual (or couple) for a primary residence. Additionally, an LLC is not a natural person so property held by an LLC will not be anyone's principal... Read more »

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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...
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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: I have resisted hiring a lawyer to assist in our family's regular estate claim as the BaltoCo court gives

all necessary info and guidelines for the Executor to proceed, but more importantly to avoid any unnecessary legal fees. As a beneficiary only myself, I suppose I can file a grievance with the court if need be. Can you tell me what a probate lawyer can do that I wouldn't be able to do myself... Read more »

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

At the outset it isn't clear if you are both the Personal Representative and an heir (or only an heir). In the average (routine) estate heirs do not engage lawyers while it is common for the Personal Representative to hire a lawyer to assist with the estate administration.

A probate...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for Maryland on
Q: Can my brother (Executor of my mother's estate, and my sister create a contract of sale for our family home without me
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 15, 2021

Assuming the "family home" is in the probate estate, then yes, a Personal Representative of an estate can usually sell the property without getting permission from other family members. However, the Personal Representative must report the sale to the court and get the court to sign off... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: To avoid taxing on a coin collection worth thousands, it's prob best to avoid the appraisal process and divide

the collection among beneficiaries in the meantime UNLESS an heir believes the collection wouldn't be appraised appropriately all together at a later date after regular Estate is closed

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 15, 2021

This appears like a conclusion rather than a question. However, to the extent this is a question asking whether a Personal Representative can/should avoid appraising an asset to avoid tax, that would be a very ill-advised course of action. A Personal Representative has an obligation to appraise... Read more »

3 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Maryland on
Q: Questions about selling an inherited house

I inherited a house in Maryland. The estate is in probate and I'm the executor and sole heir (I will be filling for modified administration). As I understand it, the house can be sold either by the estate or deeded to me first before the sale. For both options, when exactly in the probate... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 8, 2021

"For both options, when exactly in the probate process am I allowed to sell the house?"

A Personal Representative may SELL property at any time after being appointed so long as it is sold for fair market value.

As far as DISBURSING the proceeds or transferring to an...
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3 Answers | Asked in Estate Planning and Probate for Maryland on
Q: I am in the probate process currently for my father's estate in Baltimore county. The house my parents resided in

Only had his name on it. His name solely on the mortgage, but home owners insurance both names. He had credit card debt for less than 5 grand. My mom still lives in the home and we are trying to secure it for her. If we pay the credit card debt will this help or hinder the process. We just want the... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 27, 2021

I respectfully disagree with the other attorney's suggestion to present the marriage certificate and do a "corrective deed" -- if your father died with the house titled in his name, it must go through probate. The fact that he was married at the time he purchased doesn't change... Read more »

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4 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: What details and clauses should be added in a Real Estate Assignment Contract and Purchase Agreement?

I want to ensure that I am following all laws and legal requirements. In order to ensure that I won't be liable for anything.

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

Not every real estate contract can be unilaterally assigned. It isn't clear whether you are asking for help drafting a Purchase Agreement with rights to assign, or whether you wish to assign an existing Agreement / Contract of Sale.

Real Estate contract clauses vary not only state to...
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3 Answers | Asked in Estate Planning and Probate for Maryland on
Q: I received a letter stating that I am an adult heir to my deceased aunt's estate. Her brother my uncle is her representa

I was asked to sign a waiver of personal representative Bond.. how will me signing it affect me and how does it benefit my uncle

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 25, 2021

Most Wills say bond is waived for the Personal Representative. So this usually only comes up when someone dies without a Will. Bond basically protects the heirs and creditors when the Personal Representative runs off with the assets. Bond premiums cost money and they get paid out of the... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Title company telling me I need to redeem ground rent. Is this true? Ground rent is not registered.

I am purchasing a renovated,previously vacant home in Bmore. The home was previously purchased by the Mayor and city via condemn- immed. Title and posses., then purchased by and investor who renovated it. My title company told me that I need to redeem a ground rent that was on a deed from 1967... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 25, 2021

A title company shouldn't demand redemption, though they should make you aware if there is a ground rent that it needs to be paid. Title can (and does) routinely pass with ground rents, although redeeming can save hassle and headache down the road by eliminating the ground rent and just... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Who is responsible for providing a 1099-S for sale of residential property?

How do I know if I need to file a 1099-S or if I am exempt from doing so?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 19, 2021

The IRS has a publication to answer this question, available at https://www.irs.gov/instructions/i1099s The same publication also outlines what transfers are exempt from reporting.

Generally, at a typical "full" settlement where one person is buying the property from...
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1 Answer | Asked in Estate Planning and Banking for Maryland on
Q: Rules on checks written to minors. How do you do this correctly?

Can I write a check to my 2 year old grandson in his name. Of course, his father would have to endorse it. Would he have to set up a new account for the child?I recall getting a check as a child and it read pay to the order of my name (minor).

Please let me know. Thank-you

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 18, 2021

Maryland law allows for minors to hold funds in special accounts under the Uniform Gift to Minors Act. Such accounts have the minor's name PLUS an adult "custodian" who acts on behalf of the minor until they reach majority. The funds belong to the minor but the adult can make... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: are CD'S included in the estate to be reported to the county for their fee
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 18, 2021

Yes, any asset in the estate (titled in the name of the decedent when they died) must be reported to the county and listed on the Inventory.

In contrast, any CD or other asset that automatically went directly to a named beneficiary wouldn't be a part of the probate estate and...
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1 Answer | Asked in Business Formation for Maryland on
Q: Do members have to be listed in Maryland articles of organization for an llc?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 15, 2021

No.

Maryland law does not require any identification of owners in the Articles. However, other important formation paperwork should identify the owning members, including the Operating Agreement and ideally Membership Certificates.

While not legal advice I hope that this general...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: What is the best way to add a son and remove the deceased mother from the title for an owned home in MD?

Son is already in the will but the father is planning to remarry some time this year.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 14, 2021

To give a clear answer an attorney would first need to verify the titling of the existing deed. Assuming the parents owned as "tenants by the entirety," title would legally be in the surviving father's name after his wife died. If the surviving parent owner wants to make sure... Read more »

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2 Answers | Asked in Tax Law, Family Law, Real Estate Law and Child Support for Maryland on
Q: If a house is sold in a tax auction in Maryland, what happens to the liens on the house?

House was legally auctioned off at tax sale and the plaintiff is in the process of foreclosing the right to redemption. Current owner (defendant) of the house has no mortgage; the deed is in their name alone. This house/owner has a child support lien on it by the State of Maryland for over $30,000... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 5, 2021

Property tax liens tend to have super priority, meaning they stand first in line before most other kinds of liens. This means that in most cases, if proper notice is given, a tax sale foreclosure case wipes out the other liens and transfers the property free and clear of lesser liens.... Read more »

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2 Answers | Asked in Probate for Maryland on
Q: Mom lives in house in MD and does not have a will. House is still titled as joint tenants with Dad deceased 19-years ago

Four siblings are living in house with Mom. When Mom dies will probate sell house or can siblings still living in house prevent sale?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 5, 2021

By law, the surviving joint tenant (in the scenario posted, Mom) owns the house and when they die the house would go through probate. Occupants cannot stop a sale as any property a person dies owning automatically belongs to their estate. The estate is controlled by a Personal Representative who... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: If my wife or I become incapacitated, what is the legal procedure to selling a joint owned home in Maryland?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 14, 2020

If you both made financial Powers of Attorney before any incapacity, the attorney-in-fact designated in the Power of Attorney would typically have power to sign off on any real estate paperwork (listing agreement, deed, etc.). If you do not have this documentation it becomes very challenging and... Read more »

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