Probate in Maryland | MD Legal Resources | FastCounsel

Which Documents and Certificates to Collect to Begin Estate Administration in Maryland?

Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer When a loved one passes away in Maryland, gathering key documents and certificates lays the groundwork for estate administration under Maryland Estates and Trusts Article §7-101 and following (E&T §7-101). […]

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How can estate expenses and ongoing bills be managed during the probate process in Maryland?

Detailed Answer When a loved one dies in Maryland, the personal representative (executor or administrator) must manage estate expenses and ongoing bills throughout probate. Under Maryland Code, Estates & Trusts §7-201 and §7-202, the court issues Letters of Administration (Letters) to empower the personal representative to act on the estate’s behalf. Once appointed, the representative […]

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How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated in Maryland (MD)

Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer If a policyholder dies without naming a beneficiary, Maryland law presumes the life insurance proceeds belong to the decedent’s estate. Under Maryland Code, Estates & Trusts § 7-402, an insurer must […]

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How can a beneficiary compel an estate administrator to pay an inheritance share? Maryland

Detailed Answer When an estate administrator delays or refuses to distribute your inheritance, you have several legal tools under Maryland law to enforce your rights. The administrator acts as a fiduciary and must follow the requirements set by the Maryland Estates and Trusts Article. 1. Review the Administrator’s Duties Under Md. Code, Estates & Trusts […]

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How Does Intestate Succession Work in MD With No Spouse and Two Children?

Detailed Answer When someone dies without a valid will in Maryland (intestate), the state’s intestacy laws determine who inherits. If the decedent leaves no surviving spouse but does leave two living children, those children inherit the entire probate estate equally. Under Md. Code Ann., Est. & Trusts § 3-104, the estate passes in equal shares […]

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How does intestate succession work in Maryland with no spouse and three children?

Detailed Answer When a person dies without a valid will (intestate) in Maryland and has no surviving spouse but leaves descendants, Maryland law distributes the estate entirely to those descendants under Md. Code, Estates & Trusts §3-103. You can review the statute here: Md. EST & T §3-103. Distribution to Children If the decedent leaves […]

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How Does Title Transfer for an Inherited Home with No Will and Multiple Heirs in Maryland?

Disclaimer: This article provides general information about Maryland law and does not constitute legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer When a property owner in Maryland dies without a will (intestate) and multiple heirs survive, the transfer of real estate title follows the state’s intestate succession and probate procedures […]

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How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in Maryland

Disclaimer: This article provides general information about Maryland Medicaid estate recovery and hardship waivers. It is not legal advice. Detailed Answer 1. What Is Maryland’s Medicaid Estate Recovery? Under Maryland law, the Medicaid Estate Recovery Program (MERP) seeks reimbursement from the estates of deceased Medicaid beneficiaries for the cost of long-term care and certain home- […]

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Can I Appeal a Probate Court Decision Removing a Personal Representative in Maryland?

Detailed Answer Under Maryland law, a personal representative removed by the Orphans’ Court may appeal that decision. The Orphans’ Court oversees probate matters, including removal of executors or administrators under Estates & Trusts § 7-305. This statute authorizes removal for incapacity, misconduct, or improper management of estate assets. If you receive an order removing your […]

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Does the Personal Representative Have to Provide a Copy of the Accounting in a Maryland Probate Matter?

Disclaimer: This article is intended for educational purposes and does not constitute legal advice. Detailed Answer Under Maryland law, a personal representative must keep detailed records of all estate transactions and file these records with the Register of Wills before distributing assets. This process typically includes an Inventory and Appraisement under Maryland Code, Estates and […]

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