The loss of a loved one can be a difficult time for any family, both emotionally and financially. Having legal representation will help you take the right steps to ensure that your loved one’s estate is properly and promptly administered and divided between the rightful heirs or legatees.
The attorney who prepared or who is holding the Will does not have to be the attorney for the estate or for the personal representative, even if that attorney has retained possession of the Will in their office. You have the right to seek out and retain another attorney or to handle the estate yourself. If they have the Will, they are merely the custodian of the Will and are required by law to file it upon the death of the person who wrote the Will. You may choose your own attorney to represent you and/or the estate.
Each county in Maryland has a Register of Wills and an Orphans’ Court. Many people choose to file their wills with the Register of Wills for safekeeping. It cannot be opened by anyone except the person whose will it is until that person’s death. Upon the death of a Maryland resident, if the person had a will, that will must be filed with the Register of Wills, even if there is no property which belonged to that person. If there is property, the Register of Wills will require the opening of a small or large estate, depending on the amount of property. You can also open an estate to do an investigation to locate a Will or property if you do not know if any exist.
If there is property that belonged to the person, an estate must be opened at the Register of Wills to make sure it is legally distributed and to pay any taxes and other claims against the person that may be due. There are steps which must be taken so that creditors cannot appear months or even years later and try to take away property which belonged to the person. A personal representative must be appointed to take temporary possession of and to transfer any property belonging to the estate to the new legal owners. Otherwise, the new legal owners will not be able to legally transfer the property to anyone else.
If there is money in accounts belonging solely to the person, sometimes some of that money can be released to the spouse or minor children of the person to help pay their expenses while the estate is being administered. If there are complicated issues involved in the estate, sometimes a partial distribution may be made to other legal heirs or legatees. Funds may also be disbursed to pay or reimburse you for the expenses of the estate including, with an approved request, funeral expenses and legal fees.
Although many people are able to administer their deceased loved ones’ estates themselves with the procedural assistance of the capable employees of the Register of Wills, hiring an attorney can help you to ensure that all of the proper steps are taken in the proper order to move through the process as promptly as possible and to advise you regarding your legal rights and obligations.
I have been assisting people with probate and estate administration issues since I opened my practice in 2000. Please call me if you would like to schedule a consultation.
Disclaimer
The information provided on this website is for general reference and is not intended as legal advice for any particular case. Since each case is different depending on its particular facts, please call your attorney or me directly to discuss your specific case. Neither the provision of the information on this website nor a preliminary discussion of your case by telephone is intended to form an attorney-client relationship, and I do not and will not represent you unless and until you have signed a written representation agreement.