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Maryland Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: A copy of my granddads will was filed in md leaving every thing to me and my sister. Is it valid. It was witnessed by 2

It was filed by his ex girlfriend who stole it from his house. He had it signed and witnessed by two people on 20006. Is it legal

Mark Oakley
Mark Oakley answered on Jun 30, 2020

Well, if it was signed by your grandfather, in the presence of two witnesses, who also signed the will in their and his presence, then the signature requirements of the law are satisfied for making a valid will. Whether the document as a whole makes a valid will cannot be determined by the facts... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: My aunt and uncle are deceased. They have one living son. Property has never changed names from aunt and uncles.

My cousin would like to sign property over to me. They had no will. What steps need to be taken to do this. Property has no liens or mortgages. I have paid land taxes for over ten years.i live in the property and have all my life. Cousin has no interest in owning home.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 22, 2020

An estate will need to be opened. If a married couple owned the property as "tenants by the entirety" when the first one died, title should have gone to the survivor of them. (If they owned title differently there may be a need for two estates).

In many cases an estate will...
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2 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Maryland on
Q: In maryland can my brothers wife ( pending divorce). Take the home of his deceased parents?

My aunt and uncle raised me. And have one biological son. My uncle died 2003 my aunt 2016. I was never legally adopted. My cousin( their son). Wants to sign their property over to me. Him and his wife are getting a divorce. She has threatened to take half of his deceased parents home. They do have... Read more »

Mark Oakley
Mark Oakley answered on Jun 21, 2020

No. Property which one spouse inherits alone is not marital property subject to division with the non-inheriting spouse. The only scenarios where your cousin’s spouse could make a claim are (1) if your cousin were to add his wife to the title; or (2) if your cousin were to make mortgage payments... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: My parents named my brother executor of their will. He now was dementia/daughter has poa. Is she now executor?

Parents will and brother's will and poa all filled in same county. I'm worried she will have control of my parents will. It is just my brother and myself.

Mark Oakley
Mark Oakley answered on Jun 20, 2020

Are your parents alive? An executor/PR has no authority to act until the person whose will appoints them has died, and an estate is opened. Once that happens, if the named PR is or becomes incompetent, then whomever the will names as successor or alternate PR takes over. If there is no successor... Read more »

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2 Answers | Asked in Probate and Estate Planning for Maryland on
Q: My mother won't give me my inheritance.

My grandfather left me his guns in his will - he died when I was 10. I was supposed to get them when I turned 18. I'm now almost 21 and she said her new husband wants them, but she's willing to get them appraised and give me the money for them. I told her, I'll get them appraised,... Read more »

Glenn A. Jarrett
Glenn A. Jarrett answered on Jun 10, 2020

If the estate is in probate court, contact the Court in writing and explain the situation.

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2 Answers | Asked in Estate Planning for Maryland on
Q: Hello, I will be inheriting $90,000. and live in Montgomery County Maryland will I be paying any MD or Federal taxes?
Brian Robert Gormley
Brian Robert Gormley answered on Jun 1, 2020

If the sum total of the Estate is only $90,000, then you are well under state and federal thresholds for estate tax. There are several other fees you may have to handle - probate fees, capital gains, income tax, all depending on the nature of the assets in the estate. Please consult a qualified... Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: In a "small estate" on MD Form 1124, do I need to list jointly owned securities and house owned by my wife and me.

The jointly owned value is ~$400k. In her name is a bank account worth $3k and car worth $4k. Section 7-203 (h) says the joint property isn't taxable, and Form 1124 says not to list amounts non-taxable under 7-203.

Mark Oakley
Mark Oakley answered on May 26, 2020

No. As spouse of the decedent, you are not subject to the Maryland inheritance tax. You only list assets that the decedent jointly owned with a person or persons who would be subject to inheritance tax. The one exception on the form is for listing real property located outside the state of... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: Is it typical or acceptable for a POA to have the future right to change beneficiaries? To make herself a beneficiary?

A lawyer inserted special instructions into an online State POA form to allow the POA to change beneficiaries and to include the POA and her immediate family as allowable beneficiaries. Is that common or acceptable or reasonable to have that right for a POA? If so, what if that attorney who... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 25, 2020

That is neither common nor uncommon. It is something that the drafting attorney usually discusses with the principal/client before inserting it into the POA. There are good reasons for inserting such provisions in certain cases.

It would be unethical for the drafting attorney to exercise...
Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: My mother in law passed away, can the executor of the estate transfer the deed of her house to my husband before closing

My mother in law estate still in probate, but my husband wants the house. Can the deed be transferred to or can we buy it for a specific amount below market value before estate closes?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on May 11, 2020

The Personal Representative will usually need to wait until the time period for creditor claims passes before distributing the estate. This does not necessarily mean waiting until the estate closes - in some situations a PR will file an interim account and make a distribution before the estate... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: The executor of the estate want to transfer home deed to other person before closing the estate.

The executor of the estate wants to transfer of deed of the house to my husband before the estate is close. There is an active claim against the estate that is being contested. Can the executor do the transfer before closing the estate? Or can the house be sold to my husband for an specific... Read more »

Mark Oakley
Mark Oakley answered on May 10, 2020

The estate cannot close without court approval of the final account, and the resolution, settlement or termination of all claims pending against the estate. Distributions to heirs ordinarily must await final approval of the account, but partial distributions are possible so long as sufficient... Read more »

3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Maryland on
Q: As personal representative of closed estate should l sell house even if 3 heirs want to keep house in family?

There are 6 heirs. There is no more money to pay taxes, repairs etc. 3 heirs want to stop sale. I want to sell asap as is

Thomas C. Valkenet
Thomas C. Valkenet answered on May 1, 2020

If the house is still in the name of the decedent, then the Estate is not yet closed. But the Personal Representative has broad powers to administer the assets of the Estate and make distributions according to the Will or laws that apply when there is no Will. If the house must be sold, then... Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: Thank you for the response,I have gone through probate and got my final release on 7/25/19

So my next step should be to go to the courthouse and start the transfer of his home to my name for taxing purposes.

Mark Oakley
Mark Oakley answered on Apr 24, 2020

I assume by "final release" you mean final account was approved and the estate has reached closure. You should use a lawyer to draft the deed, but yes.

4 Answers | Asked in Estate Planning and Probate for Maryland on
Q: I have just been notified that my bilogical father passed away. He had no will and I'm the only living heir

I have had no relationship with him nor anyone for almost 50 yrs. Apparently he really didnt have anything. A crappy car, bank acct. I live in TN his estate is in MD. My question is what do I do? I'm not spending a penny to do anything for a stranger for might be nothing in the end. Help

Nina Whitehurst
Nina Whitehurst answered on Apr 21, 2020

You don't HAVE to do anything. If you want any of his stuff, you can hire an attorney in MD to help you probate his estate. For a small estate, there might be an expedited procedure. If you do nothing, and nobody else (such as a creditor of his) does anything either, then his things will... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: I am the personal representative of a small estate in MD. See the more information for details.

I am the personal representative in Maryland of a small estate for a friend who passed away.

I notified creditors in writing of the 30 day limit to file a claim.

https://law.justia.com/codes/maryland/2018/estates-and-trusts/title-5/subtitle-6/section-5-603/

My letter... Read more »

Mark Oakley
Mark Oakley answered on Apr 15, 2020

Because of the pandemic, all Maryland courts were closed for business except for "emergency" matters as of March 16, 2020, and in addition, all filing and time deadlines provided by any statute, rule or scheduling order were also automatically extended for the same amount of time as the... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland on
Q: Eminent domain What Regards That Government Has To Pay Just Compensation And And You Have To Pay Just compensation

What Regards That You Don't Have To Pay Just Compensation As A LLC / Individual / Private Company Non Profit Company..... As In Thing That Regard Regard Tax Exempt Is It Just As In That Thing That Regard ( Tax Exempt )

Thomas C. Valkenet
Thomas C. Valkenet answered on Apr 9, 2020

Eminent domain is subject to the requirements of local statutes and ordinances that provide the payment formula. There are appraisers that deal with condemnation appraisals. And if you and the condemning authority cannot agree, you can take a case to trial in a circuit court where a jury will set... Read more »

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland on
Q: Can You File For Eminent Domain Regarding Government Property

Can You File Eminent Domain In Regards Regards Government Property .....( International Law )

Richard Sternberg
Richard Sternberg answered on Apr 8, 2020

You have the concept reversed. Eminent domain is the right of the sovereign to take private land after paying reasonable compensation. It is limited to legitimate public purposes. You can’t exercise eminent domain unless you are a government.

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3 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Maryland on
Q: How Do You File For Eminent domain In Maryland Is It That I Go To The Court Or A Special Place / Online / Dref My Oun.

Regarding Baltimore City and and St Mary's Country

Nina Whitehurst
Nina Whitehurst answered on Apr 8, 2020

Unless you are a governmental agency you do not have the authority to file an eminent domain action. If you want to challenge an existing eminent domain action against your property you would file your challenge in the same court where the case was started.

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2 Answers | Asked in Estate Planning for Maryland on
Q: How can I find out the contents of the will of an elderly parent who is still living but will not reveal the contents?

There is a deceased spouse who is also joint owner of the will and three adult children are the beneficiaries. The main asset involved is a house that has been paid off.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 24, 2020

Maryland law allows planners to maintain absolute control and privacy over their own Wills -- so long as they are living there is no obligation whatsoever to disclose the contents to anyone else.

Wills are typically (though not always) stored in the Register of Wills' vault - the...
Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: so i have a car thats in mine and my dads name he just passed away what will happen to my car

the title has my name as primary owner and his name is second he just passed away my sister is trying to put it in his estate but the dmv website says i can just bring his death certificate in and remove his name what should i do i dont want her to put it in his estate

Mark Oakley
Mark Oakley answered on Mar 11, 2020

Do what the MVA tells you: go have the vehicle titled in your sole name. Here’s a link:

http://www.mva.maryland.gov/About-MVA/INFO/27300/27300-36T.htm

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: My uncle died two years ago. His mother and his wife are alive. Does my uncle's mother the right to inherit?

he lived in Maryland, USA.

Mark Oakley
Mark Oakley answered on Mar 7, 2020

Need more facts. Did he have a will? How were his assets titled? We’re there “transfer on death” beneficiaries on any financial accounts? Did he have children? Are any of them minors? His spouse has statutory election rights even if there is a will and she is left less than what her statutory... Read more »

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