How to Locate and Identify Assets Held in Different Counties or States in Maryland
How to Locate and Identify Assets Held Across Counties or States Disclaimer: This information is for educational purposes only and does not constitute legal advice. 1. Define Your Asset Search Goals Begin by listing the types of assets you need to find—real estate, bank accounts, vehicles, business interests or intangible property. Clarify timeframes and jurisdictions […]
Read article →What Information is Needed to Request Estate Files from a County Probate Division in Maryland?
Detailed Answer Under Maryland law, county probate divisions (Registers of Wills) maintain estate files once someone files for administration or probate. These records become public under Estates & Trusts §1-105 (Official Records), subject to redaction of sensitive personal data. To request a file, a requester must provide sufficient information so the office can locate the […]
Read article →Steps to Transfer an Out-of-State Property Interest in Maryland When All Heirs Agree
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific circumstances. 1. Verify Maryland Estate Status Start by confirming there is no need for formal probate in Maryland. If the decedent owned only personal property in Maryland or the probate assets […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in MD
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer Understanding Court-Ordered Subpoenas in Maryland A subpoena is a written order from a court requiring a person or entity to appear, testify, or produce documents. In estate matters, you […]
Read article →What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds in Maryland
Detailed Answer When a decedent’s real property sells during probate in Maryland, the personal representative (PR) oversees proceeds and final distribution. Heirs must complete specific forms to authorize and direct distribution of those sale proceeds. Below are the most common documents under Maryland law. 1. Receipt and Release After the court approves the PR’s final […]
Read article →How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce?
How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce? Detailed Answer In Maryland, “surplus funds” are the money left over after a court-ordered sale of property (often a foreclosure sale) once all liens, fees, and costs have been paid. Both former spouses (after a divorce) and […]
Read article →How to Distinguish a Deceased Person’s Estate Assets from Those Held by a Corporation in Maryland
How to Distinguish a Deceased Person’s Estate Assets from Those Held by a Corporation in Maryland When a loved one dies, you must separate their personal estate from assets owned by any corporation they helped form. Maryland law treats each entity as a separate legal person. This FAQ explains how to identify estate assets versus […]
Read article →What options exist under Maryland law for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
FAQ: Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions among Heirs Detailed Answer 1. Authority to Sell Personal Property Under Maryland law, a personal representative may sell estate personal property to pay debts, administrative expenses and to facilitate distribution to heirs. See Estates & Trusts § 7-208. This authority arises once […]
Read article →Who is eligible to receive surplus proceeds when the property was solely in the deceased spouse’s name? – MD
Detailed Answer When a foreclosure or forced sale of real estate generates funds exceeding lien payoffs, those excess funds—called surplus proceeds—become assets of the deceased owner’s estate under Maryland law. If the property was titled solely in the deceased spouse’s name, the personal representative (executor or administrator) collects the surplus proceeds and distributes them according […]
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