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Maryland Estate Planning Questions & Answers
2 Answers | Asked in Criminal Law and Estate Planning for Maryland on
Q: When does the beneficiary receive a copy of the Will?

Executor is one of the 3 benificary. 2 siblings have seen the Will only telling the third that the house is listed to be divided equally. 3rd has not seen the Will. Has asked for a copy & is ignored. The individual passed away 12/14/2019. What happens when a house is involved in an inheritance of 3... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2020

After the probate case is opened to probate the will, the will becomes a public document. You can go to the court yourself and obtain a copy or send a paralegal or even a friend to obtain a copy for you.

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1 Answer | Asked in Estate Planning for Maryland on
Q: Are there any circumstances where a PR/Beneficiary must wait a time period before selling estate property?

My mother's estate was opened in VA in Jan. She owned a home in MD. I am being told there is a mandatory 6 months waiting period per MD law so that Creditors can file a claim. However I was under the impression the property could be sold immediately but the proceeds would then be held in escrow for... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 7, 2020

Maryland law does not mandate waiting 6 months to market/sell property, but proceeds should not be disbursed to heirs until 6 months have passed, any payments are prioritized according to the order set forth in MD law and the court has approved the accounting.

While not legal advice, I...
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2 Answers | Asked in Estate Planning for Maryland on
Q: I am a single person (70) and my adult grandson lives with me. How can I convey the house to him so he isn't taxed.
Mark Oakley
Mark Oakley answered on Jan 19, 2020

Ideally, you simply leave it to him in your will. When a person dies, their property is all valued as of the date of death, so that the heirs receive a stepped-up tax basis to that value. That wipes out all the capital gains tax that you would incur were you to sell the house before you die. What... Read more »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Elderly parent relocating from LA to MD. Is the will from LA void, or should I have dad update his will for MD?

Elderly parent must relocate to my home in so. MD. His will is under LA. Does this matter at time of death?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 30, 2019

Generally speaking, wills valid in the state of original domicile remain valid if the planner moves. A will may become void in some cases of changed circumstances, such as if a planner both marries and has children after creating their will, but a valid will does not become "void" based solely on... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: i own my home with my ex who died. His wife said the house is part of his estate. How does that affect me?

He hasn't live here in 10 years. I thought ownership would just transfer to me.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 17, 2019

People can jointly own property several ways. If married, they can own in Maryland as tenants by the entirety, joint tenants with rights of survivorship or as tenants in common. The way these types of co-ownership transfer at the death of one of the owners is very different. When a joint... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: My grandmother died in 2011, my father never performed her estate. He died in 2019. Does he inherit from her estate?

I have one biological brother, and my father was married at the time of his death. he is not alive to claim his share from my grandmother who gets that share under Maryland law.

Edited to add details. My grandfather passed away in 1975. Only the house was left and no will was found. My... Read more »

Mark Oakley
Mark Oakley answered on Dec 12, 2019

So many more facts will be needed. It is common for married couples to own everything jointly, with right of survivorship, which means upon the first spouse to die, the other spouse owns all such titled property and none of it is an asset to be distributed from the deceased person’s estate. Joint... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Does my 40 year old brother who still lives at home have any claim beyond that stipulated by my parents will?
Nina Whitehurst
Nina Whitehurst answered on Dec 9, 2019

If you mean does your brother have any claim beyond the term's of your parent's will by virtue of still living in the home that is now part of the estate, then no, not unless he has a lease agreement. However, the executor can't just kick your brother out of the home either. If your brother ends... Read more »

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2 Answers | Asked in Consumer Law, Real Estate Law, Estate Planning and Public Benefits for Maryland on
Q: My father recently passed and had a TIC Property with my stepmother. Who is responsible for mortgage

Property owned TIC by father and stepmother. Father dies. House sells for 600k with 200k Mortgage. Is mortgage responsibility of Entire estate, or is wife solely responsible?

I.e. should we pay mortgage from the 600k and then divide the remainder to my stepmother and my fathers heirs. Or... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

The mortgage is a lien against the property. It cannot be sold without the mortgage being paid off first out of the sale proceeds. That happens at settlement. Then the net proceeds are split evenly between the two owners of the property: 50% to the estate, 50% to your stepmother

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Is a testamentary will sufficient to avoid probate in Maryland VA even if you own a home?
Richard Sternberg
Richard Sternberg answered on Nov 20, 2019

First of all, where in Virginia is Maryland? Which state's law is at issue?

Second, a testamentary will is one of the two ways (intestate being the other) to get INTO probate. A Will does not avoid probate.

Third, other than learning it from a poorly written TV script or a...
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1 Answer | Asked in Estate Planning and Landlord - Tenant for Maryland on
Q: Grandma/Hubby both on deed. Grandma died & hubby is nonverbal & in LTC. What documents needed for his son to put us out?

Son hasn’t presented any POA, inheritance, guardianship documents but says the premises must be vacated. Step grandfather has been nonverbal for about a year and my grandmother was his POA up to her death on 9/7/19.

Mark Oakley
Mark Oakley answered on Nov 16, 2019

If he’s not POA, then he cannot act on his father’s behalf unless he petitions a court to appoint him guardian over his father and his property. Assuming he is one of those, he will have to serve 30 day notice to vacate before he can file a complaint for judgment of possession and a court date... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: Grandmother and her husband are on the house deed. Grandmother died. Who gets the house and how?

We are a blended family. Step grandfather’s son called saying he has POA and wants access to the house. We never met him before and step grandfather is in nursing home, deemed medically incompetent and is non verbal.

Mark Oakley
Mark Oakley answered on Nov 16, 2019

Depends on how they held title to the house. The default way married couples hold title is as tenants by the entirety, which means in this instance that your grandfather is the sole owner. If, however, title is held as tenants in common, he only owns half interest and your grandmother’s estate... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Can a family member act as a witness on a Power of Attorney?

One witness can be the notary and the other witness, not named on the paper as an agent, successor, or alternate, witness the document, even if the witness is a family member?

Mark Oakley
Mark Oakley answered on Nov 15, 2019

Yes, family members can witness a power of attorney. If it is a health care POA, at least one of the witnesses cannot be one of the person’s health care providers or an employee of one of their health care providers, or entitled to inherit under the person’s will.

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2 Answers | Asked in Estate Planning, Legal Malpractice and Probate for Maryland on
Q: Trust Fund Mis-use

My uncle is a fiduciary to my sons trust fund. The fund was created when my mother passed. We have never seen an accounting of the money. How do we find out what's going on with the fund? He is not returning phone calls or emails or snail mail in regards to this matter.

Paul E. Draper
Paul E. Draper answered on Nov 8, 2019

Your uncle as trustee of a trust for the benefit of your son is required to provide your son or, if he is a minor, his parents with an accounting of the trust assets. Unfortunately, since your uncle is refusing to communicate with you, your son or you will be required to institute litigation... Read more »

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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 »

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