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COVID-19 Maryland Estate Planning Questions & Answers
3 Answers | Asked in Estate Planning for Maryland on
Q: my mother is in the hospital incapacitated. she does not have a will. we're five siblings. we need a power of attorney

mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.

Mark Oakley
Mark Oakley answered on May 3, 2021

If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.

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1 Answer | Asked in Estate Planning for Maryland on
Q: The executor of the estate want to transfer home deed to other person before closing the estate.

The executor of the estate wants to transfer of deed of the house to my husband before the estate is close. There is an active claim against the estate that is being contested. Can the executor do the transfer before closing the estate? Or can the house be sold to my husband for an specific... Read more »

Mark Oakley
Mark Oakley answered on May 10, 2020

The estate cannot close without court approval of the final account, and the resolution, settlement or termination of all claims pending against the estate. Distributions to heirs ordinarily must await final approval of the account, but partial distributions are possible so long as sufficient... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: I am the personal representative of a small estate in MD. See the more information for details.

I am the personal representative in Maryland of a small estate for a friend who passed away.

I notified creditors in writing of the 30 day limit to file a claim.

https://law.justia.com/codes/maryland/2018/estates-and-trusts/title-5/subtitle-6/section-5-603/

My letter... Read more »

Mark Oakley
Mark Oakley answered on Apr 15, 2020

Because of the pandemic, all Maryland courts were closed for business except for "emergency" matters as of March 16, 2020, and in addition, all filing and time deadlines provided by any statute, rule or scheduling order were also automatically extended for the same amount of time as the... Read more »

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