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Maryland Estate Planning Questions & Answers
3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: For a life estate deed, how do I describe the grantees? Ex: A is transferring to B for life of C with remainder to D?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

The Grantees are persons receiving an interest in property. So if B holds a life estate during C's life (it isn't clear why one would do this), "C" wouldn't be a grantee.

There are a variety of ways one can transfer lifetime interests in property, with a host of...
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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: I was appointed personal representative of an estate by consent and the will was admitted to probate.

The estate is still open. I just found a later dated will that appoints me as personal representative and sole beneficiary. If the beneficiaries under the original will consent to admitting the later dated will, do I just need to file the later dated will with the written consents? Will this start... View More

Richard Sternberg
Richard Sternberg
answered on Mar 30, 2022

You plainly need to file the newer Will, because it voids the older Will unless it is a codicil. I do not think this gives you a new case number, but it plainly requires a new petition and notices. This sounds complex enough that using a lawyer may help.

1 Answer | Asked in Estate Planning for Maryland on
Q: What are the court cost of the removal of an executor
Mark Oakley
Mark Oakley
answered on Mar 29, 2022

The court does not impose a cost. The person who is seeking to remove the PR files a motion with the court, setting forth the grounds for removal. The court then either holds a hearing on the motion or rules on the motion without a hearing. If the person who is seeking removal hires a lawyer to... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Maryland on
Q: Can estate executor refuse to sell house to family?

My mother passed and my sister is executor. I want to buy the house and mg daughter my be interested as well. My sister has said I cannot buy the house and my daughter can’t either because she doesn’t think it’s a good idea. The will only states that money from house sale will be split... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2022

The executor is supposed to sell the house at fair market value to maximize its value to the estate. The executor can sell the house to anyone for that price, or at a lower price if all the heirs who are to receive a share agree. You do not say how many heirs the house is to be divided among.... View More

1 Answer | Asked in Probate and Estate Planning for Maryland on
Q: Does the MARYLAND UNIFORM TRANSFER-ON-DEATH (TOD) SECURITY REGISTRATION ACT include LLC businesses?

Owner of LLC business in Maryland passed. Does the LLC business go to heir, next of kin or does it go to the Probate Court?

Mark Oakley
Mark Oakley
answered on Mar 25, 2022

The Maryland Uniform Transfer on Death Security Registration Act only applies to securities that have been registered with a beneficiary form that specifies a TOD beneficiary. While it may be possible to register a TOD beneficiary for an ownership interest in an LLC, it is not automatic. Most... View More

1 Answer | Asked in Contracts and Estate Planning for Maryland on
Q: My aunt passed away last fall and her lawyer has not released her will and is pretty much unavailable to talk.

I believe the lawyer has broken Md. Code, Estates and Trusts § 4-202 by willfully hiding the will and not exercising it in a timely manner. I am not referring to closing the estate: the will has not been released yet and it has been over half a year.

Mark Oakley
Mark Oakley
answered on Mar 20, 2022

The person appointed as personal representative or executor under the Will needs to make written demand to the lawyer to either file the Will with the Register of Wills or turn it over to the Personal Representative do they can file it. Give a reasonable deadline, after which the Personal... View More

1 Answer | Asked in Estate Planning, Tax Law and Probate for Maryland on
Q: I am the sole beneficiary of an estate. Can I assign my interest in the estate to a non-family member?

This includes real property. The non-family member is not related to me or the deceased. In addition, what are the tax implications?

Mark Oakley
Mark Oakley
answered on Mar 18, 2022

Yes, it is possible to assign your interest, but it will be treated as a gift from you to the other person. You should be careful not to "disclaim" your inheritance, as that would prevent your ability to direct the inheritance to anyone (the disclaimed inheritance would go to the next... View More

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: I am the sole beneficiary of my mother's intestate estate.

I would like to assign my interest in the estate to my stepsister. Is this possible?

Richard Sternberg
Richard Sternberg
answered on Mar 9, 2022

You can always decline an estate, but there may be much better ways to put property in the hands of your step-sister to avoid significant taxes. I assume your step-sister is from a union of your father with another mother, because if she is your mother’s daughter and your mother died intestate,... View More

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2 Answers | Asked in Estate Planning for Maryland on
Q: executor is telling me we will need to transfer the $ fr. me &my moms joint account to estate.any legality if I don’t
Mark Oakley
Mark Oakley
answered on Mar 2, 2022

My previous answer should be sufficient, but if you are being bullied or threatened with some legal consequence if you do not do as you are being told, then you should consult a lawyer to go over in more detail exactly what the circumstances are that give rise to your concerns. The surviving owner... View More

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1 Answer | Asked in Estate Planning for Maryland on
Q: Had joint bank account with my mother had rights of survivorship- does money need to be given to estate?
Mark Oakley
Mark Oakley
answered on Mar 1, 2022

No. A joint owner with rights of survivorship is vested with sole ownership upon death of the other owner. The funds in the account are not assets of the deceased joint owner’s estate.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Maryland on
Q: Funeral expenses are paid shortly after a X's death by Y who is not beneficiary or administator. Can

Y, who is not a beneficiary or administrator, claim as a creditor against estate?

Mark Oakley
Mark Oakley
answered on Feb 1, 2022

Yes, Y is a creditor of the estate and may file a claim for funeral expenses paid. Y should submit a formal claim together with the invoices/receits showing the amounts incurred. If the Personal Representatve fails to pay or denies all or part of the claim, Y can petition to court to order the PR... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Maryland on
Q: Valuation for inheritance tax and buyout in Maryland for a house inherited by two siblings

My brother and I inherited our aunt's house, and I want to buy him out. We are trying to determine a value for the buyout and the estate lawyer recommended an appraiser. His appraised value came in considerably higher than the last tax assessment (by about $200k) as well as the approximate... View More

Mark Oakley
Mark Oakley
answered on Jan 27, 2022

Yes. Make a lower offer. If refused, when the house is put up for sale, bid on on it like anyone else. You may end up being the higher bidder, but don’t bid more than you think it’s worth.

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1 Answer | Asked in Estate Planning, Real Estate Law, Libel & Slander and Probate for Maryland on
Q: I inherited a house that I lived in with my mom for 30 years it’s not been transferred to myself and sister yet

She is the executioner of the will but she has been stealing valuables from the house so I added security cameras and she is making false claims she didn’t go through my personal possessions can I have her removed as the executive of the will? She inherited the house in a 50/50 split? Until it... View More

Shaneka Johnson
Shaneka Johnson
answered on Jan 13, 2022

The personal representative of a estate is give certain authorities in the will. It is common for the PR to have authority to enter into contract and collect rents on property in the estate for the benefit of the estate. If you are not on the deed and are not the PR your rights have not fully... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Maryland on
Q: I inherited the house I’ve been living in with my mom in a 50/50 undivided split

Can I rent a room out without my sisters approval who owns the other 50% it hasn’t been transferred into both our names yet as my mom just recently passed away. Can she say no even when I will split the income with her?

Shaneka Johnson
Shaneka Johnson
answered on Jan 10, 2022

Who is the personal representative of your mother's estate?

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: Sister & I inherited real property in MD 50/50. Can I relinquish my 50% to sister w/out filing a deed?

My sister is executor. Currently in probate with Will. I want to relinquish any/all right in favor of sister (in gratitude for mother's care, and I want avoid any responsibility for this property). What is required: Deed to be recorded; gift my 50% to her (OUCH gift tax); notarized... View More

Mark Oakley
Mark Oakley
answered on Jan 3, 2022

Heirs to an estate can, by mutual agreement, settle property distributions under the Will, even if the settlement changes what each heir is supposed to receive under the Will. A lawyer can help you work this out. It is not difficult.

1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on
Q: When referring to squatters, does the term “exclusive” refer to one person or a family as well?

For a squatter to possess property, it is required that they fulfill the requirements: Hostile, Actual, Open & Notorious, Exclusive, Continuous

The exclusive part is vague as it does not determine whether it is for exclusively one person or one party. Does this mean one family... View More

Mark Oakley
Mark Oakley
answered on Dec 1, 2021

"Exclusive" in this context means exclusive of the owner's and other third parties' (unrelated to the squatter) possession or occupation, without permission of the owner (the owner is not in possession, and has not permitted or agreed to the presence of the squatters). The time... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: Aunt died Oct 2019. Will was not flied until 03/2020. Her condo still unsold with monthly condo fees + property tax etc.

is executor in any way responsible for all the fees being drained from estate assets during this period? PR was offered, but declined help in clearing out the condo + help w/accounting. 1st Account deadline came & went, 6 months later, the court issued a "reason PR should not be... View More

Mark Oakley
Mark Oakley
answered on Nov 5, 2021

Course of action: petition to remove PR and appoint someone else (yourself?) and to possibly sue the PR for waste and mismanagement to recover the money you claim was lost. Hiring a lawyer to file and pursue these things will cost you money, and although you might claim reimbursement from the... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: Married, resident of SC, but husband owns home in MD. my name is not on the deed....we haven't done our wills yet...

What needs to be done to protect me (concerning the home in MD) if something happens to him before we do our wills?

Mark Oakley
Mark Oakley
answered on Nov 1, 2021

The laws in the State of South Carolina where you reside will govern your spousal rights to the estate of your deceased spouse, even as to property located in Maryland. If he dies without a will, the MD property will be distributed in accordance with the intestate laws of SC, and in most states, a... View More

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... View 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... View 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... View 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.... View More

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