Alton, NH asked in Probate for Maryland

Q: Hello In Maryland does the Bonding Agency require that an attorney be listed? If so can the attorney be out of state

In the state of Maryland, The Office of Wills requires the designated Personal Representative to be bonded.

Q: Do all Bonding Agencies require that an attorney be listed on the bonding application or is this a requirement per respective Bonding Agency .

Q: If attorney is required to secure a surety bond for the designated Personal Representative, can the listed attorney be from out of state?

Thank you

Related Topics:
1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Probate Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: 1) Most of the time bond companies (at least those issuing fiduciary bonds in Maryland) consider a Personal Representative who is represented by an attorney to be a lower risk. That is because the bonding company expects the attorney to already know the rules and to handle the estate in accordance with the law. Some bonding companies may not issue a bond to a person who is trying to navigate without legal counsel, or they may require more underwriting.

2) An out-of-state attorney who is not licensed in Maryland will not be able to represent the estate. As a result, the attorney listed for a Maryland estate must be licensed to practice law in this state.

Every attorney sets their own fee, but you may find legal representation more feasible than you realize. For instance, my firm regularly handles regular estates for less than the statutory commission fee and does not get paid until the estate settles. Even for small estates, a consultation may help the PR understand whether there are options to posting full bond. You are encouraged to reach out to an attorney of your choosing to see if the Personal Representative would be better served by engaging counsel.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.