Get free answers to your Probate legal questions from lawyers in your area.
I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.
Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?
For example:
Gross value of estate... View More
![Mark Oakley Mark Oakley](http://justatic.com/profile-images/587323-1516740071-sl.jpg)
answered on Feb 26, 2023
Taxes are imposed on the gross estate. There are exemptions, credits and deductions that are/may be applicable. You absolutely need to pay a CPA to do these taxes for this size of an estate, as well as have estate counsel for the estate administration (or trust distribution). There are too many... View More
Maryland probate estate value is $10,000 or more.
Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More
![Richard Sternberg Richard Sternberg](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Feb 22, 2023
I agree with Ms. Laumann in almost all respects. I've never seen or heard of nominal bond being waived by prepaying taxes or probate costs. I believe that is because the nominal bond also covers potential unfilled claims of creditors, but I haven't researched that in a really long time.... View More
Maryland probate estate value is $10,000 or more.
Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More
![Cedulie Renee Laumann Cedulie Renee Laumann](http://justatic.com/profile-images/770288-1523391756-sl.jpg)
answered on Feb 22, 2023
In a word, yes, even where a Will waives bond the Register can still require a nominal bond to cover anticipated inheritance tax and other court fees.
Wills almost always waive the bond requirement for monies going to people who may inherit. However the government doesn't... View More
and you are running the business do I have any rights?
![Mark Oakley Mark Oakley](http://justatic.com/profile-images/587323-1516740071-sl.jpg)
answered on Jan 31, 2023
Your use of pronouns "someone", "you", "he" and "I" is beyond confusing. It is unclear who these pronouns are referring to, other than the "I."
I'll take a stab: the owner of the company died without a will, and you are... View More
No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?
![Cedulie Renee Laumann Cedulie Renee Laumann](http://justatic.com/profile-images/770288-1523391756-sl.jpg)
answered on Nov 18, 2022
If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... View More
No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?
![Mark Oakley Mark Oakley](http://justatic.com/profile-images/587323-1516740071-sl.jpg)
answered on Nov 19, 2022
No, the estate is split 4 ways "by representation": one-fourth share to the surviving sibling; one-fourth share for each deceased sibling who left surviving issue (children, grandchilden, etc.), which is further divided in equal shares among that deceased sibling's children.... View More
Everyone has already appeared in Orphan's court and agreed to the administators. Bit now one person is refusing to sign the approval papers. Can the court make everyone proceed with probate?
![Cedulie Renee Laumann Cedulie Renee Laumann](http://justatic.com/profile-images/770288-1523391756-sl.jpg)
answered on Nov 11, 2022
The Court does not need everyone's consent to "proceed with probate". Consent may affect whether or not the appointed person needs to post full or nominal bond.
The law sets an order of priority for people to serve as Personal Representative. When multiple people with the... View More
Everyone has already appeared in Orphan's court and agreed to the administators. Bit now one person is refusing to sign the approval papers. Can the court make everyone proceed with probate?
![Richard Sternberg Richard Sternberg](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Nov 10, 2022
Your question says you are in DC, but it is posed as a Maryland question, and I am going to guess the estate is filed in PG County, because, even though it's called Orphan's Court formally, in Montgomery, the hearings are in the Circuit Court by the Circuit Court bench, so laypeople never... View More
Montgomery county, only assets are in financial accounts. Valuable property was divided among children and charities before his death. He is to inherit money from his sister who died in 6 weeks prior to his death
![Richard Sternberg Richard Sternberg](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Oct 25, 2022
In Maryland, the way you get Letters of Administration is by filing a Petition for Probate. That opens an estate. If the assets are all in non-probate assets, they get listed separately in the Information Report.
I am a beneficiary, and I’m being told that I have to wait to receive any money until the account is closed. And that unless I sign over my rights to property to sell it that it cannot be closed. If I sign over my rights to the property they will close the estate and then said I would get any... View More
![Richard Sternberg Richard Sternberg](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Oct 20, 2022
If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own... View More
My moms well stated that my dad is to be her agent but if not that my sister myself or my brother Can be. My brother past away and I wasn’t included in the “PR”. Only my sister was. She has donated some of my mom’s vehicles paid off her truck and is in charge of all the accounts. I wanted... View More
![Mark Oakley Mark Oakley](http://justatic.com/profile-images/587323-1516740071-sl.jpg)
answered on Oct 20, 2022
You need to have a lawyer review the will, the inventory and the accountings filed in the estate, before any useful advice can be provided. The estate may not have the funds to maintain the house (mainenance, utilities, property taxes, homeowner's insurance, mortgage, etc.) for five years, so... View More
I also have a Fiduciary one in MD.
![Cedulie Renee Laumann Cedulie Renee Laumann](http://justatic.com/profile-images/770288-1523391756-sl.jpg)
answered on Aug 31, 2024
You may wish to post this in South Carolina so that attorneys barred in that jurisdiction can answer you. A Maryland attorney cannot explain South Carolina law.
It isn't clear what the post means by "I also have a fiduciary one in Maryland"? Perhaps consider re-posting... View More
All of his siblings have predeceased him. The only remaining living relatives are his nieces and nephews. He had a will and me and my brothers are the only beneficiaries named in the will. There are many cousins that I have never met and some I do not even know exist. Do I need to list every single... View More
![Scott Scherr Scott Scherr](http://justatic.com/profile-images/636309-1663855881-sl.jpeg)
answered on Sep 8, 2023
You should retain an attorney to handle the estate. They will have more resources to track these people down. It may require hiring an investigator.
grandma died in 2017. dad and cousin are to split proceeds from.sale of house. executor, dads brother, haa not put house up for sale. what can be done to force him to sell the house?
![Richard Sternberg Richard Sternberg](https://lawyers.justia.com/images/no-picture-listings.png)
answered on May 28, 2023
Retain counsel. Petition for Order to Sell or, in the Alternative, Replace PR for Self-Dealing.
The reason my case has not been heard is because of conflicting legal advice that I received on justanswer.com. Based on the petitions the lawyers are filing against me, the one that told me to serve the petition on everyone was wrong. What do you do when the court makes decisions that violate the... View More
![Maxwell White Maxwell White](http://justatic.com/profile-images/1671055-1679435276-sl.jpeg)
answered on May 26, 2023
Unfortunately, this may be a situation in which you need to get an attorney. The truth is that getting an attorney is costly, but not getting one is even more costly. There are certain legal matters that can be handled without an attorney, but based on what you have said so far, this likely is not... View More
Decedent was a Maryland resident and died testate. The surviving spouse elected to take the 50% elective share. The spouse had no interest in the decedent's real estate.
![Mark Oakley Mark Oakley](http://justatic.com/profile-images/587323-1516740071-sl.jpg)
answered on Nov 10, 2022
If the property was an asset of the estate, then the elective share applies.
Nothing is in writing. We just want to know if the executor is telling the truth based on what the wheel says they won’t show us the will. Do we have a next step.
![Mark Oakley Mark Oakley](http://justatic.com/profile-images/587323-1516740071-sl.jpg)
answered on Oct 14, 2022
His oral promises before death are not sufficient. The bequest needs to be spelled out in the Will. The Will must be filed in the probate estate when the estate petition is filed. Until the estate is opened and the executor receives Letters of Administration from the court, the executor has no... View More
![Mark Oakley Mark Oakley](http://justatic.com/profile-images/587323-1516740071-sl.jpg)
answered on Oct 8, 2022
Yes, but you need to have a basis, and you provide zero facts to evaluate on what basis you would challenge his will.
Here are a couple of general observations that apply to all estates:
First, upon divorce, his former spouse lost all legal right to receive any distribution... View More
No will, only verbal designation. Deceased resident of Albuquerque New Mexico
![Mark Oakley Mark Oakley](http://justatic.com/profile-images/587323-1516740071-sl.jpg)
answered on Oct 1, 2022
The law of the state of residence where the decedent dies governs. Appointment of an executor or personal repesentative is set forth by statute. In an estate with no will (known as an "intestate" estate) a typical state's satute would list, in order of priority, those persons who... View More
I am the personal representative in the estate in pg county #124481.
![Richard Sternberg Richard Sternberg](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jul 20, 2022
It might be wise for you to review the estate with counsel, because you, as personal representative, will be personally liable if you disburse too much or the disbursement violates the rights of some other beneficiary or creditor. But, you have broad discretion to create advances to beneficiaries.... View More
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