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Maryland Probate Questions & Answers
2 Answers | Asked in Probate for Maryland on
Q: In probate who designates the surviving descendants as administrator - the courts 4 siblings or ? Can any of us apply?

No will, only verbal designation. Deceased resident of Albuquerque New Mexico

Scott Scherr
Scott Scherr
answered on Sep 29, 2022

You need to ask an attorney in New Mexico. This is where the Will will be probated.

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2 Answers | Asked in Probate for Maryland on
Q: In probate who designates the surviving descendants as administrator - the courts 4 siblings or ? Can any of us apply?

No will, only verbal designation. Deceased resident of Albuquerque New Mexico

Mark Oakley
Mark Oakley
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... Read more »

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1 Answer | Asked in Probate for Maryland on
Q: how can I distribure funds to a interested party, in probate ? who is unable to work. while the estate is still open.

I am the personal representative in the estate in pg county #124481.

Richard Sternberg
Richard Sternberg
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.... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: My question would be What is the difference between power of attorney and an executor of the estate?
Mark Oakley
Mark Oakley
answered on Jul 5, 2022

A POA is a legal instrument that appoints another person to act as the "attorney-in-fact" or agent of the person creating the POA (the "principal"), who can do things in the name of the principal as if they were the principal, to the extent set forth in the POA. The POA is only... Read more »

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1 Answer | Asked in Probate for Maryland on
Q: My brother died in September in Las Vegas without a will. He has one daughter in California and me, his sister, in MD.

No spouse, no living parents. He owns 1/2 his house which was just sold, some precious metals, and cash. Does his daughter get all of it, or am I entitled to any, and how much?

Richard Sternberg
Richard Sternberg
answered on Jun 7, 2022

The answer will depend on the law where your brother was domiciled when he died. If he was living in Nevada, you need a Nevada lawyer. In all likelihood, by the most common intestate succession framework, his primary heirs are his spouse (whom you don’t mention) and his issue (the daughter).

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Can’t someone just write a resignation letter to resign as trustee of revocable trust? Maybe notarize?
Mark Oakley
Mark Oakley
answered on May 30, 2022

Most revocable trusts name the creator of the trust, known as the grantor, as trustee. Once the grantor has died, the trust typically becomes irrevocable. The trust should provide for successor trustees. It is unclear what the nature of the trust is, if there are beneficiaries who are minors or... Read more »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: My mother passed away April 10th in Maryland

My mother passed away April 10th, I went to the court and found out that she had a Will. Looking at the Will I noticed that I was not listed at all on the WILL and as being her only child I found that odd. when she became sick she made her friend her POA, she felt she was able to be there for her.... Read more »

Richard Sternberg
Richard Sternberg
answered on May 7, 2022

Of course you can challenge the Will. It is not an easy process, but if there was undue influence, lack of capacity, or the signature isn't genuine, those are all grounds to caveat the Will. You will have no chance of success without legal counsel, and you will almost surely need to pay... Read more »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Is a spouse (no issue) entitled to the $10k family allowance if they renounce the will and take the elective share?

The husband's will left the spouse less than 25% of the residual estate. She has elected to take the elective share (50%) and has filed the necessary documents to do so. Is the Executor still required to pay her the $10,000 family allowance?

Mark Oakley
Mark Oakley
answered on Apr 15, 2022

Yes. The alowance is in addition to the elective share. In adition, you reference the elective share "of the residual estate." The elective share is against "the value of the estate subject to election, reduced by the value of all spousal benefits" where "spousal... Read more »

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2 Answers | Asked in Real Estate Law, Tax Law and Probate for Maryland on
Q: Can the beneficiary get the stepped-up basis if an executor sells the house through the estate?

I am executor and beneficiary to a rental house. I want to sell it to the current tenant. I want to avoid capital gains liability. If I sell the house through the estate now as executor versus waiting for it to be transfered into my name and then sell it, will the estate then be liable for the... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 6, 2022

The estate has a stepped up basis and can sell it and avoid capital gains assuming the net sale proceeds are equal to or less than the date of death value. If instead the estate distributes the house to you and then you sell it, the result is the same. You will get that same stepped up basis.... Read more »

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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... Read 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, 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... Read 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.... Read 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... Read 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... Read 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,... Read more »

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2 Answers | Asked in Probate for Maryland on
Q: Is the information in MD code, estates and trusts re: heirs statute 3-110 correct and in practice? I'm told otherwise.

All but 3 siblings of the deceased died years before the deceased. The deceased has no children and no parents. Are the children of those predeceased siblings heirs? Acc to this statute they are not. There are only 3 living siblings. The deceased died interstate.

Mark Oakley
Mark Oakley
answered on Mar 1, 2022

Yes, the children of the pre-deceased siblings are heirs: they take the share of their deceased parent. Section 3-110 does not apply to this scenario and you misunderstand it. Section 3-110 simply states that anyone who dies within 30 days after the decedent shall be treated as if they died before... Read more »

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1 Answer | Asked in Family Law and Probate for Maryland on
Q: My M-I-L passed away and my husband’s siblings have yet to notify him. We found out via a 3rd party. Any rights?

We live in NC. My M-I-L lived in Maryland. Funeral director was informed not to tell us anything. Sister-in-law will not return any messages. What rights does my husband have?

Mark Oakley
Mark Oakley
answered on Feb 20, 2022

Once an estate is opened, it is public record, and all proceedings and filings, including the Will, can be copied and obtained (they are available online, for download, through the Register of Wills' website, which has an estate search option you can search by decedent's name and county... Read more »

1 Answer | Asked in Family Law and Probate for Maryland on
Q: I am included in someone's will and I don't know how to get what was willed to me. The Executor now acts hostile.

The deceased is my Ex husband who died in Jamaica(1 year ago). I live in the house that was willed to me for 12 years in Baltimore Md. I am 62 on SSi and cannot afford legal help. The Executor is the deceased's grown daughter who gave me documentation of death and the will and now will not... Read more »

Mark Oakley
Mark Oakley
answered on Feb 11, 2022

You will need to speak with a lawyer and provide more details if you have them. For instance, has an estate been opened, and where? I cannot answer for Jamaica, but in the United States when an estate is opened the will must be filed and it, along with all other filngs in the estate (the... Read more »

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... Read 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... Read 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... Read more »

Shaneka Johnson
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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... Read more »

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