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Maryland Estate Planning Questions & Answers
3 Answers | Asked in Estate Planning for Maryland on
Q: I inherited my mother’s house when she passed how do I transfer the deed into my name? The estate was settled in 2013.

I’m the sole heir and the administrator of her estate.

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

Contact the attorney who helped you with this probate case. That is something the attorney should have helped you accomplish.

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: I was the PR for my father's estate and I closed out the account about 5 years ago when I thought I had accounted for

everything, however, I found a claim in MD via the unclaimed property unit. I received a check made payable to the estate of my father care of me (the PR). How can I cash that check so I can pay the distributees? Check is for $102.86

Richard Sternberg
Richard Sternberg answered on Sep 15, 2019

I know of no way to do it other than reopening the estate. It isn't hard, but it means filing a new accounting, and that certainly isn't worth the effort using a lawyer.

3 Answers | Asked in Estate Planning for Maryland on
Q: My brother and I are joint trustees in a living trust containing our mother's assets. What if one of us resigns?

The trust is located in Maryland and our mother is suffering from dementia.

If the trust is re-written with one of us as sole trustee, and the other as the successor trustee in the event the first becomes unable to serve as trustee:

1. Are the contents of the trust or trusteeship... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 11, 2019

Specific questions about specific planning documents usually require sitting down with an attorney to review. That being said, I'll try to address in general terms the questions posted.

With respect to inheritance and other death taxes: these taxes apply in Maryland no matter whether...
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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: My mom and stepdad were never married but purchased a home in both names with rights to survivors , mom dies, he never

Goes through probate so both names are still on deed. He’s getting remarried, the house was always to go to us kids if something happens to him. Is this new marriage going to change this?

Mark Oakley
Mark Oakley answered on Aug 12, 2019

By law, the house is solely his, regardless of whether he retitles it into his sole name. If he dies without a will, his stepchildren (unless legally adopted) will not inherit any part of his estate. The only way you as stepchildren can inherit property of his estate is if he drafts a will and... Read more »

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1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on
Q: Where does Maryland state that the trust schedule for an inter vivos trust must be filed when opening an estate.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2019

The question is unclear. Ordinarily there is no reporting of trust schedules with the probate estate filings.

Perhaps you are asking, however, about reporting trust assets transferring to people obligated to pay inheritance tax? Maryland law requires that an Information Report be filed...
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1 Answer | Asked in Estate Planning for Maryland on
Q: In Md to open a trust account for a minor child to deposit a check for a title 13 trust account. What paperwork is requi

My fiance who passed had a malpractice lawsuit that was settled after he passed away. The check was issued to our minor child under a trust with me as the trustee. I need to find out if this account can be opened up as a regular guardian account without paying over a $1000 to have a lawyer draw up... Read more »

Mark Oakley
Mark Oakley answered on Jul 24, 2019

Yes, if you open an account with the check in hand, payable to you as trustee, then you can simply deposit it into the account and nothing else need be done--no other paperwork required. Once deposited, you may not withdraw any funds before the minor turns 18 unless you first obtain a court order... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: My father left a will when He passed away I was 5 and it says that my mom and I are on the deed.

I’m from GlenBurnie Md and In my fathers will he left the house to my mom and me so I guess her and then it goes to me when she passes??? If my name is on the deed can I live in that house with my wife and children without being thrown out now sense I’m 41 and technically it’s part my house????

Mark Oakley
Mark Oakley answered on Jul 20, 2019

A lawyer would have to look at your grandfather’s will to ascertain how the house was to be distributed to you and your mom, as well as review the deed to the house to see whether it was titled in accordance with your grandfather’s will. Assuming that your name is on the deed together with your... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: If a non custodial parent dies and he has a spouse how can I find out if there is an estate if child support is owed?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 12, 2019

Probate estates are opened in the jurisdiction where the deceased person died. You can find out whether an estate has been opened by contacting the Register of Wills (or going to the Register of Wills' website and performing a search with the deceased person's name).

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1 Answer | Asked in Estate Planning for Maryland on
Q: 17-111 requirements: 2 witnesses signed in presence of the principal. notary is 1 witness. Is lawyer the second witnes

Maryland annotated code 2010

Mark Oakley
Mark Oakley answered on May 26, 2019

Under Estates Code 17-110, a Maryland power of attorney under the statutory provisions must be (1) notarized and (2) signed by and before two witnesses. The Notary may also sign as one of the two witnesses in addition to signing as a notary. A lawyer may act as a witness.

1 Answer | Asked in Estate Planning for Maryland on
Q: How can I get reinstated as a Personal Representative? I never received notification of a show cause meeting.

My Dad passed away and I am his only child and he was divorced. I was appointed as his Personal Representative. The Estate Attorney passed away in November 2007. The Law Office of Peter G. Angelos is handling his Asbestos settlement cases. They will not release funds to me until I am reinstated... Read more »

Mark Oakley
Mark Oakley answered on Apr 28, 2019

If you were appointed as his PR, why do you need to be “reinstated”? Either you are the PR, or you’re not. Only the PR can claim funds due to your father, as those funds are assets of his estate. It is irrelevant that you are his sole beneficiary. Hire an estate lawyer to assist you in... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: In Maryland, can a trust contain the power/authority to hold $150,000 from the beneficiaries indefinitely?

150,000 is to provide funding to place flowers on three gravesites two times each year.

Richard Sternberg
Richard Sternberg answered on Apr 27, 2019

You probably ought to pay someone to review the actual trust, because some trust purposes can be undercut by the beneficiaries due to changes circumstances, but there is nothing fundamentally problematic with a trust holding property perpetually. A grant of property must resolve title within 21... Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: When a loved one passes away are you required by law to open up an estate if they have a house in a reverse mortgage
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Apr 17, 2019

If someone dies with property titled in their sole name, then yes, an estate should be opened. Very generally speaking family has no obligation to open an estate (unless they are the named personal representative in a will) but it is usually in their interests to do so.

A reverse...
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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Do you still go by a will if a spouse elects against the estate?
Richard Sternberg
Richard Sternberg answered on Mar 5, 2019

You really need counsel if a spouse elects against the Will, but, generally, spousal share trumps the Will as to the spouse, who takes only through the election, and the rest and remainder goes according to the Will. The computation sometimes get hairy.

2 Answers | Asked in Family Law and Estate Planning for Maryland on
Q: My father, no will & my grandmother went before him, no will. There r only 3 blood relative my Aunt Amy brother and me
Cheryl Sellers Johnson
Cheryl Sellers Johnson answered on Feb 17, 2019

I am sorry to hear about the passing of your father and grandmother. You have presented some bare facts but not really a question. If your grandmother and father had valid Wills, their estates would be distributed according to the provisions of their Wills. If neither had a Will, just based on... Read more »

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1 Answer | Asked in Estate Planning, Arbitration / Mediation Law, Civil Rights and Social Security for Maryland on
Q: I need representation for probate of my mother's estate. I need someone who deals with special needs trusts

I am on social Security

Mark Oakley
Mark Oakley answered on Jan 24, 2019

Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site,... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Maryland on
Q: In Maryland, our mother died intestate. My brother and I are co-representative of estate. How to resolve disagreement ?

We have a house. We are co-representing the estate. I want to sell. My brother says he wants to buy. He refuses to sign contract to buy or list house and sign contract to sell on open market. He continues to run his business out of house while estate pays the bills. How can I halt his business... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 10, 2019

Get counsel. File petition to list and sell house in the form of Sale in Lieu of Partition.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Maryland on
Q: what is the proper written code for a quit claim deed from father to daughter for tax exemptions

I live in MD. My father is transferring the house to me. I need to site the code to exempt me from the state and fed taxes

Mark Oakley
Mark Oakley answered on Jan 10, 2019

The recording office of the county where you file will know and allow you to fill in the cited section that applies. They are the authority who has to approve whether you have a tax exempt transfer. However, the list of exempt transactions generally appears in the Maryland Tax-Property Article,... Read more »

2 Answers | Asked in Real Estate Law, Foreclosure and Estate Planning for Maryland on
Q: I am a trustee on a property that's in pre foreclosure. I would like to buy the home. Trust doc says we can buy and sell

The second trustee is not communicating with the family after helping herself to funds from the trust for her own use.

What can I do to redeem the property from the bank? Can I take over the loan and have the fees removed? Can I refinance although I'm not on the loan? The borrower has been... Read more »

Richard Sternberg
Richard Sternberg answered on Dec 28, 2018

Your facts are dripping in self-dealing and breach of fiduciary duties, and the claim that one trustee stole funds while the other stole the property are just oozing from your question. The notion that trust instructions give you the power to buy and sell does not mean that you can buy and sell to... Read more »

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1 Answer | Asked in Civil Rights and Estate Planning for Maryland on
Q: can the guardian of a living disabled adult (senior citizen) re-write a properly executed will?
Mark Oakley
Mark Oakley answered on Dec 19, 2018

No. But a guardian may be able to make other estate planning decisions, including establishing a trust in the name of their ward and funding it, with distribution of the trust assets upon death being set forth in the trust. You should not do anything without first consulting with experienced estate... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: What happens to my foreign bank accounts if I die in America without a valid will?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 7, 2018

If you are domiciled in Maryland at the time of your death, die without a will and an estate is opened up here, your probate property passes under the laws of intestate succession. Who gets the probate property and in what percentage depends on what relatives survive you.

Some property...
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