Glen Mills, PA asked in Estate Planning for Maryland

Q: I am the PR for my deceased husbands estate. There was no will and the kids were minors at the time of death. .

The estate was closed and settled on 6/2021. I have since joined a class action regarding my husbands illness. A settlement amount has been offered. What do I need to do if anything? Ty in advance This was in Maryland. However I currently reside with kids in Pennsylvania.

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1 Lawyer Answer

A: Assuming some or all of the funds will be payable to your late husband's estate, any additional funds will require filing a supplemental inventory and supplemental account (if a regular estate) or a supplemental schedule B (if a small estate). Basically a Personal Representative has an obligation to tell the Register of Wills about any additional assets and then show how the funds were disbursed. Where the funds will go depends on the intestacy laws in place when your husband died.

Where a Personal Representative lives does not impact the estate jurisdiction although if a Personal Representative lives out of state they will need to appoint a local Resident Agent in Maryland for the estate (usually if an attorney is assisting with the estate they will serve as the local Resident Agent for an out-of-state Personal Representative)

(NOTE: inheritance laws and percentage allocations between a spouse and children for people without a Will have changed in Maryland in 2023 but when it comes to figuring out allocation a Personal Representative needs to go by the laws in place when the Decedent passed even if they have since changed).

While not legal advice, I hope this general information helps.

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