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Maryland Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Maryland on
Q: On a trust with a ridiculous age of 35. Plus the fact that the trustee refuses to let beneficiaries know information.

The trustee has not fulfilled request to know where and who is second trustee in event of death of trustee. Is there a way to get special hearing to request information or early dispersement? Especially since the value of the assets were ridiculous and the out of state property was never included... Read more »

Mark Oakley
Mark Oakley answered on Oct 10, 2021

It is not uncommon for a grantor of a trust to make the age of distribution 35 years of age. They may be concerned about the reckless and inexperienced money management of youth or of particular beneficiaries, and want to ensure that their wealth transfer to their beneficiaries will be made after... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: What type of legal representation is needed for an inheritance buyout dispute where the home is in MD and I am in GA?

My siblings and I were willed a house. One sibling wants to keep the house and has made a buyout offer. I don't believe the buyout offer is equitable. I am seeking expertise with interpreting the appraisal to obtain a fair buyout offer. I have no idea what type of legal representation I need... Read more »

Mark Oakley
Mark Oakley answered on Oct 5, 2021

It’s been a pretty hot market this past year around here, so you’re going to want to get a fair appraisal done to at least know what the house is likely able to sell for. I think what you’re saying is that the house was already deeded by the estate to the three of you, so now you all own 1/3.... Read more »

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1 Answer | Asked in Estate Planning and Family Law for Maryland on
Q: ex died with no will.He had a trust written in 2012 with only the 3 oldest named.there’s a total of 6 children

My ex had 3 kids with diseased wife, then 3 more with 2 other Woman. All carry his last name. His trust says:

any reference

to Grantor's "child" or "children" shall refer only to these

named persons. ** (Names 1st 3 kids)**

Any reference... Read more »

Mark Oakley
Mark Oakley answered on Oct 1, 2021

The first question I’d want answered is, what is in the name of the trust? If he owned anything in his personal name, then those assets do not pass in accordance with his trust, but by intestate succession, so that would mean divide six ways. Only those assets titled in the name of the trust are... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: what is the next step after i have been awarder the administrator of my Mom's Estate by the courts

have sent out the letter of interested parties. have created a bank account in my Moms name / estae of to depost 2 checks made out to her estate.

Mark Oakley
Mark Oakley answered on Sep 30, 2021

Managing a decedent's estate is not like following a recipe to bake a cake. If you are not going to hire an estate lawyer, then you need to download and read all the brochures on estate administration available on the Register of Wills website, as well as make appointments with the ROW to... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: Do you need an appraiser if the only thing in the estate is a bank account with US dollars?
Mark Oakley
Mark Oakley answered on Sep 16, 2021

No. The bank balance is the dollar value, obviously. An appraisal is for real estate or valuable items of personal property such as cars, boats, high end jewelry, expensive artwork, etc.

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1 Answer | Asked in Estate Planning for Maryland on
Q: Which court in A. A. County , Maryland handles reassignment of a deceased Trustee for a Non Grantor, Irrevocable Trust?

As Principal Beneficiary and the person who established the Trust, I need to assign a new Trustee. The original Trustee passed away a couple of years ago ( I have the death certificate) and I am unable to aquire any reports regarding the financial status of my trust from the financial institution.... Read more »

Mark Oakley
Mark Oakley answered on Sep 15, 2021

A lawyer would need to review the successor trustee and appointment provisions of the trust to properly advise you. You should not need a court proceeding at all. The "any interested person" default language is likely there in the event the person identified as having the power to... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: For the inventory, is a formal appraisal required for motorcycles?

side note: KelleyBlue Book does not provide private party values for motorcycles.

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Use Kelly Blue Book, www.kbb.com, private sale value.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Q: I have received the letters of administration for an estate. The will authorizes me to sell real property.

How long do I have to wait after being appointed as PR to sell real property? Do I need to file anything with the court or notify interested persons of the sale? In addition, decedent also owns a mobile home. Am I required to get a formal appraisal for the mobile home?

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 9, 2021

There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: What are the advantages of putting my home in a trust costing $3500. or a joint tenancy. We are leaving =ly to 3 sons.
Nina Whitehurst
Nina Whitehurst answered on Sep 2, 2021

Everything my colleague Ms. Laumann recited about the advantages of trusts is correct. I would also add that trusts avoid probate, which is a time-consuming, frustrating, public and expensive court-administered process. For some clients, that is the MAIN reason for creating a trust-centered... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: I hired a lawyer to handle my suster's estate 02/03/2020. Minimal assets : car,house to be foreclosed.

I was instructed to send register of wills $400.00for first accounting. Then the lawyer charged me $400.00. I am now paying out of pocket $3506.64This was 2 weeks ago. I told the lawyer that I no Longer need her services. 1 day later she tells me she has to petition the court.

Nina Whitehurst
Nina Whitehurst answered on Aug 25, 2021

Because you told the lawyer you no longer need her services, she probably now needs to petition the court to permit her to withdraw from the case.

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: If the rightful heirs to my deceased girlfriend's estate (intestate) agree

to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?

Richard Sternberg
Richard Sternberg answered on Aug 11, 2021

The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since... Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: My long term girlfriend recently passed without a will.

We were living in a home titled in her sole name with no mortgage. The only living heirs are her siblings and they have agreed to assign all rights in the estate to me. What is the process to do this? What are the potential tax implications?

Mark Oakley
Mark Oakley answered on Aug 11, 2021

You are not an heir at law, so the siblings cannot simply disclaim their interests because disclaimers are treated as if they had predeceased your girlfriend, and that would not result in the estate assets going to you. However, if you had a legal claim against the estate based on contributions... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Hi. For three years I moved into my mom's house and took care of her. Wondering what my rights are as one of four.

I have no expectations as one of the four children that I have sole right to the property and estate. What I am wondering is, because I am very low income, part of which is due to health issues, how much notice do I have a right to receive before they try and sell the house. For what we're... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2021

Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: If I am personal representative for a small estate in Maryland, do I need court approval to sell house?

The only asset is the home and the heirs all want to sell home.

Mark Oakley
Mark Oakley answered on Aug 4, 2021

Unless the house will sell for less than $50,000, then it is NOT a small estate, but a LARGE estate. The PR does not need court approval to sell real estate. The PR needs to have ben appointed by the court to act as PR, which occurs when the court issues Letters of Administration naming you as... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: My brother passed away in 2019 both my name and his name are in my mothers Will does his name need need to come off
Mark Oakley
Mark Oakley answered on Jul 15, 2021

No. How the Will is drafted determines what becomes of his share, whether it goes to you, someone else, or whether it lapses. If the result is not what your mother would want, then she can change it. If your mother is no longer competent to make a change, then the Will stays as it is.

1 Answer | Asked in Estate Planning for Maryland on
Q: My gma left me a home in a will. has many bills but the house was never changed out of my grandpas name alone. probate?

The house is owned by my grandpa alone in the deed but she got the house after he died. She never changed his name so right now it says only his name. When I put the will through, will it go to probate and will it be used to pay her debt? The house is in Md

Mark Oakley
Mark Oakley answered on Jul 5, 2021

"She got the house after he died." How? By the terms of your grandfather's will? If so, then your grandfather's estate needs to be reopened so that the deed can be transferred from his estate into the names of your grandmother's heirs/legatees. If your grandfather died... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Who gets brothers share?

My dad passed away in March 2021. We agreed my brother and sister would divided real estate property in half. I opted out because I was gifted 4 acres 17 years ago and consider that as an early inheritance. My brother was personal representative until becoming too ill, my sister then accepted the... Read more »

Mark Oakley
Mark Oakley answered on Jul 5, 2021

I am assuming that your father died without a Will, otherwise that would control. If there was no Will, then the estate is split three ways, one equal share for each of you, your sister, and your nephew, unless your brother was either (1) not the biological child of your father, or (2) was not... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: As a court ordered special administrator of my daughters estate am I allowed to cash checks received in her name

Unemployment checks finally received

Mark Oakley
Mark Oakley answered on Jul 3, 2021

Assuming the checks are for periods of unemployment prior to her death, yes, you are authorized to accept and deposit the checks into an estate account (opened in your name as Special Administrator of her estate). However, you may need to have the checks re-issued in the name of the estate, or... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: Decedent lived in Florida. Only real property owned was in MD. No Will. Where do I open the estate?
Mark Oakley
Mark Oakley answered on Jun 17, 2021

Open the estate in Florida. You will need a certified triple seal copy of the proceeding and appointment as executor/personal representative. You then file a foreign personal representative petition to set inheritance tax (there won’t be any if spouse or lineal heirs like children will inherit)... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Does my nephew pay 10% tax in Maryland when upon my death he is the beneficiary of $10,000.00 from my savings account?
Mark Oakley
Mark Oakley answered on May 29, 2021

A nonlineal heir (and non-spouse or sibling) of an estate, such as your nephew, will have 10% of the value of his bequest withheld for Maryland's inheritance tax. This tax applies to assets that pass through your estate as well as to jointly owned assets. and assets that are in your name and... Read more »

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