Towson, MD asked in Estate Planning and Probate for Maryland

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 everything before the Executor was appointed Personal Rep by the court 1-1/2 years after my mother's death? Assuming he can, do I have any legal right to object?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: 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 corrections or amendments to the account before the court will approve it, so you should wait for the approval before filing your exceptions. Any interested person may also object to a petition to allow a PR's fee or a lawyer's fee. You will receive notice of any such fee request and have time to object. A PR cannot claim a fee for what the PR did not do. The PR is required to support their fee request with sufficient detail, such as by showing dates, description of services, and time expended, multiplied by some reasonable hourly rate. Same for the lawyer. The PR cannot request compensation for work someone else did.

Cedulie Renee Laumann agrees with this answer

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