Probate in Maryland | MD Legal Resources | FastCounsel

Maryland: Can Medicaid Claim a Parent’s Home or Force You to Sign Over a Deed?

Understanding Medicaid Estate Recovery and Your Options in Maryland Short answer: Under Maryland law, Medicaid’s Estate Recovery Program can seek repayment from a deceased beneficiary’s estate — and that can include a home in many cases — but Medicaid cannot force you to sign over a deed while the beneficiary is alive. There are important […]

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Maryland: Why an inherited house may be non‑probate and whether you can pay the mortgage to avoid foreclosure

Why an inherited house might not be a probate asset, and whether you can make mortgage payments to stop foreclosure in Maryland Short answer: A home will not be a probate asset in Maryland if it passes automatically at death (for example, by right of survivorship, by trust, or by a valid beneficiary transfer). If […]

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Maryland: Can You Challenge a Sibling Using a Deceased Parent’s Bank Account Before an Administrator Is Appointed?

Can you stop a sibling from using your deceased parent’s bank account before an administrator is appointed? — Maryland FAQ Short answer: Maybe. Whether you can challenge your sibling’s use of funds depends on how the account is titled (sole account, joint account, POD/titled beneficiary), whether the sibling had legal authority (Power of Attorney ends […]

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Maryland: Forcing Return of Sentimental Items from a Sibling During Probate

Short answer If a sibling has taken sentimental personal property that belonged to a deceased relative while that person’s estate is open in Maryland, you may be able to get the items back. Who has control of the property during probate, whether the items were specifically left in a will, and whether the sibling removed […]

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How to Apply to Serve as Administrator of a Parent’s Estate in Maryland

Overview — serving as administrator when a parent dies without a will in Maryland If your mother died intestate (without a will), someone must be appointed by the court to collect her assets, pay debts, and distribute what remains to the heirs. That appointed person is called a personal representative (often called an administrator in […]

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Maryland: Enforcing or Disputing an Oral Agreement Dividing Wrongful-Death Proceeds

Detailed Answer Short answer: Oral agreements dividing wrongful-death proceeds can be enforceable in Maryland, but enforcing or disputing them often depends on who had legal authority to settle or receive the money (the personal representative or the court), what evidence you have of the agreement, and whether any written settlement or court approval later changed […]

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Maryland: Do I Have to Post a Bond to Serve as an Administrator in an Intestate Probate?

Administrator Bonds in Maryland Intestate Probate — What You Need to Know This FAQ explains whether a person appointed to administer a decedent’s estate without a will (an intestate estate) must post a bond in Maryland, and whether interested persons can agree to waive that bond. This is an educational summary and not legal advice. […]

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Maryland — Selling an Estate Home Facing Foreclosure When a Co-Administrator Refuses to Sign

What to do when an estate house in Maryland is facing foreclosure and a co-administrator refuses to sign Overview — quick answer If an estate-owned home is in foreclosure and one co-administrator refuses to sign documents needed for a sale, you typically cannot complete a sale by agreement alone. In Maryland the usual path is […]

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Maryland — Getting Court Approval to Release Estate Funds When Beneficiaries Disagree

How to get court approval to release estate funds when heirs or beneficiaries dispute a distribution Short answer: In Maryland, when parties disagree about splitting estate funds the personal representative (executor/administrator) should not distribute contested money without court approval. The usual routes are asking the Orphans' Court (through a petition) for instructions or for authority […]

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Maryland: How to Get All Owners to Approve a Realtor Before Marketing a Property

Getting All Owners to Approve a Realtor Before You Market a Maryland Property Quick summary: Before a property is listed in Maryland, anyone who legally must approve the sale or sign the listing needs to give clear, written permission. That usually means all owners on title, any serving trustee or personal representative with authority, and […]

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