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 § 7-401, the personal representative must collect assets, pay debts and taxes, and then distribute the remaining property to beneficiaries. Section 7-501 requires the administrator to file a final accounting and petition for distribution.
2. Send a Formal Demand
Start by sending a written demand by certified mail. Include:
- The date of the demand.
- A clear statement of the share you’re owed.
- A deadline (typically 30 days) for payment.
This creates a paper trail and shows the court you gave the administrator a chance to comply.
3. File a Petition for Citation
If the administrator still refuses, you can ask the Orphans’ Court to issue a citation to show cause. Under § 3-402, the court will require the administrator to appear and explain the delay. You must file a petition in the county where the estate is probated and serve the administrator according to Rule 6-202 of the Maryland Rules.
4. Seek an Accounting and Distribution Order
File a petition for final accounting and distribution under § 7-501. The court will review assets, debts and distributions. If the administrator failed in their duties, the court can order immediate payment.
5. Request Removal or Surcharge
If the administrator mismanaged the estate, you can petition for removal under § 7-603. The court can also impose a surcharge to recover losses caused by the administrator’s breach of duty. Removal and surcharge proceedings usually follow an accounting hearing.
Helpful Hints
- Keep detailed records of all communications with the administrator.
- Review the probate file at the Register of Wills to track case developments.
- Consider mediation before court to save time and costs.
- Check deadlines: beneficiaries generally have 30 days after notice to contest actions.
- Consult an attorney early if the administrator resists or if assets appear hidden.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.