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Maryland Probate Questions & Answers
0 Answers | Asked in Probate for Maryland on
Q: Personal representative of mother's estate, my brother, has not turned in First Account.

Extension was requested and granted 30 days, has missed the deadline. He is likely to blame it on me citing I have not cooperated-when in actuality I have-he issued an ultimatum if I did not respond to his request that he will clean out as he saw fit. I did not respond-he and I are not on civil... View More

0 Answers | Asked in Real Estate Law and Probate for Maryland on
Q: My friend was separated from her husband and deeded him her share of the family home. They remained married however.

Her husband recently died without a will and since they were still married she believes she should now inherit the home as a surviving spouse. But a third party claims that she recently bought the home before he died and has changed the locks on the home preventing access to the surviving spouse.... View More

4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Can a lawyer be a beneficiary in a will and insurance policy, and leave their children out of it?

My father is mentally unstable. He would have doctors comit him to have his attorney have him released, for a large fee. My father died because the doctors and family was afraid to authorize treatment for a infection. His attorney is is sole benefactor in his life insurance and will. Isn't... View More

James L. Arrasmith
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answered on Jan 10, 2024

It's not inherently illegal for a lawyer to be named as a beneficiary in a client's will or life insurance policy, but this situation can raise questions of undue influence or conflict of interest. If your father's mental capacity was in doubt, there could be grounds to challenge the... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: sisters want to sell a house they inherited, one wants reimbursed for paying the mortgage before the sale is that legal?

Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Is it legal for the executor of an estate to force a benificiary to pay for a mortgage on a house they inherited?

Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

"inheritance" doesn't mean the bank loan is forgiven. It must be either paid off from Estate funds, or refinanced by the person inheriting the property. A "quitclaim" deed (one without the usual warranties of title) means the mortgage lien/loan obligations of the dead... View More

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1 Answer | Asked in Probate for Maryland on
Q: I am the personal representative of my uncle's estate. He was my father's brother.

All of his siblings have predeceased him. The only remaining living relatives are his nieces and nephews. He had a will and me and my brothers are the only beneficiaries named in the will. There are many cousins that I have never met and some I do not even know exist. Do I need to list every single... View More

Scott Scherr
Scott Scherr
answered on Sep 8, 2023

You should retain an attorney to handle the estate. They will have more resources to track these people down. It may require hiring an investigator.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: My brother and I inherited our father's house with no lien (equal shares). I am buying his 1/2 interest in the property

based on the FMV. I am paying cash, no loan needed. I am wondering the pros/cons of either (1) transferring the property into our joint names first, then completing the buy-out after the estate is closed, or (2) doing the buy-out through the estate, then we distribute the house/funds accordingly.... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2023

Thanks for your post. One beneficiary/heir buying out the other(s) presents a fairly common scenario.

When an estate has enough other liquid assets, then to eliminate transfer taxes it often makes sense to distribute the real estate entirely to the child who wants to acquire it and...
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2 Answers | Asked in Probate for Maryland on
Q: How long should it take to be appointed personal representative in Maryland?

My wife applied to be the personal representative of my MILs estate on April 21, 2023. As of June 5th, there is no response from the court. The register of wills did not have the latest will and we don't have an original, but we had a copy. My wife is listed as the primary representative... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Ordinarily, you are required to make a court appearance and produce the original will to be appointed as the personal representative of a decedent's estate. The fact that you don't have the original, but do have a copy, tells me that you may be trying to do something without an attorney... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: Hello, I am attempting to make sense of what rights I may have as tenants in common with my brother in my fathers's Will

In the Will, he states, "I give and devise unto my wife my real estate [home address] for the remainder of her natural life, or until she shall decide to reside elsewhere on a permanent basis, or until she shall remarry...she shall pay all maintenance cost, insurance, and property taxes at her... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 5, 2023

Hi and thanks for posting a real estate question.

The first variable is whether your father's wife is still living. This appears to be a life estate to your father's wife, with the life estate ending if the life tenant moves out or remarries.

You describe a position...
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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Any legal ramifications for withholding a will when someone passes ?Also related, anyway to find attorney who prepared

My boyfriend of 10 years passed away April 1. He told me in 2020/2021 he had done a will & it was with his papers at his shop. He told me who the executor was & that his son wasn't to get anything. It was not filed with register of wills

I believe his son found the will.... View More

Mark Oakley
Mark Oakley
answered on May 31, 2023

Have you checked with the executor to see if he has a copy of the Will, or any correspondence regarding being named executor? Do you or anyone you know have access to the shop where the Will supposedly was stored? Do you know who he named as beneficiaries under his will?

The purported...
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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: what can be done to force.executor to sell a house per the will

grandma died in 2017. dad and cousin are to split proceeds from.sale of house. executor, dads brother, haa not put house up for sale. what can be done to force him to sell the house?

Richard Sternberg
Richard Sternberg
answered on May 28, 2023

Retain counsel. Petition for Order to Sell or, in the Alternative, Replace PR for Self-Dealing.

1 Answer | Asked in Estate Planning, Personal Injury, Constitutional Law and Probate for Maryland on
Q: My case has not been heard in five court cases where I have lost each time. How do I file the papers to defend myself?

The reason my case has not been heard is because of conflicting legal advice that I received on justanswer.com. Based on the petitions the lawyers are filing against me, the one that told me to serve the petition on everyone was wrong. What do you do when the court makes decisions that violate the... View More

Maxwell White
Maxwell White
answered on May 26, 2023

Unfortunately, this may be a situation in which you need to get an attorney. The truth is that getting an attorney is costly, but not getting one is even more costly. There are certain legal matters that can be handled without an attorney, but based on what you have said so far, this likely is not... View More

1 Answer | Asked in Collections and Probate for Maryland on
Q: How long can creditors make claims on a decedent's estate? All notices were given and the estate closed in Dec 2022.

The decedent died on 3/08/2022. The Notice to Creditors was published in March 2022 just after the decedent passed. The estate closed on 12/19/2022. I am personal representative and am still getting bills for medical services provided back in May 2021 thru January 2022. Am I obligated to pay them?

Mark Oakley
Mark Oakley
answered on Mar 29, 2023

If these bills are Medicare or Medicaid-related, and are requesting reimbursements for benefits paid through those programs, then maybe. Otherwise, creditors have an outer deadline of 6 months from the date of death to file a formal claim in the estate (not simply mail bills--the claim if a formal... View More

2 Answers | Asked in Probate and Estate Planning for Maryland on
Q: My 2nd home is in Maryland. My 2 kids live there. My will gives it to them equally but can they live there thru probate?
Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

You need to discuss your situation with a lawyer. There are way too many unanswered questions. Is the home free & clear? Are there other heirs? Will the two heirs share it equally and get along in it? Do you want them to have the house or the proceeds from the house?

The short, and...
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2 Answers | Asked in Tax Law, Real Estate Law and Probate for Maryland on
Q: Maryland Inheritance tax calculation. Based on amount before or after federal and state tax deductions?

I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.

Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?

For example:

Gross value of estate... View More

Mark Oakley
Mark Oakley
answered on Feb 26, 2023

Taxes are imposed on the gross estate. There are exemptions, credits and deductions that are/may be applicable. You absolutely need to pay a CPA to do these taxes for this size of an estate, as well as have estate counsel for the estate administration (or trust distribution). There are too many... View More

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Will excuses the need to post bond for the performance of duties. Do I still need nominal bond in MD?

Maryland probate estate value is $10,000 or more.

Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 22, 2023

In a word, yes, even where a Will waives bond the Register can still require a nominal bond to cover anticipated inheritance tax and other court fees.

Wills almost always waive the bond requirement for monies going to people who may inherit. However the government doesn't...
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2 Answers | Asked in Business Law and Probate for Maryland on
Q: if someone owned a small business and you are co-president of the company and he dies with a non signed witness will,

and you are running the business do I have any rights?

Mark Oakley
Mark Oakley
answered on Jan 31, 2023

Your use of pronouns "someone", "you", "he" and "I" is beyond confusing. It is unclear who these pronouns are referring to, other than the "I."

I'll take a stab: the owner of the company died without a will, and you are...
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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Aunt died intestate in the state of Maryland.

No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 18, 2022

If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... View More

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3 Answers | Asked in Estate Planning and Probate for Maryland on
Q: What happens if someone refuses to sign probate papers?

Everyone has already appeared in Orphan's court and agreed to the administators. Bit now one person is refusing to sign the approval papers. Can the court make everyone proceed with probate?

Richard Sternberg
Richard Sternberg
answered on Nov 10, 2022

Your question says you are in DC, but it is posed as a Maryland question, and I am going to guess the estate is filed in PG County, because, even though it's called Orphan's Court formally, in Montgomery, the hearings are in the Circuit Court by the Circuit Court bench, so laypeople never... View More

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