-- When someone passes away, it often triggers a complex legal process that requires careful navigation, explained Baltimore, MD, Probate Attorney Bobby Sawyer this week. These processes can have significant consequences if mishandled.
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Families in Baltimore may be tempted to manage probate on their own, mistakenly believing they don’t need professional legal advice while administering a loved one’s estate or will.
In Maryland, it’s not always necessary to appoint an executor or administrator. This typically applies to estates considered small, with assets worth no more than $50,000 at the time of death, according to Sawyer, founder of Johannesmeyer & Sawyer, PLLC.
Furthermore, it’s often unnecessary to qualify to transfer vehicle titles. In such cases, the will can be probated, validated, and recorded in the Circuit Court’s Will Books, with no further actions required.
There are also situations where formal estate administration may not be required, such as joint accounts with survivorship rights or life insurance payouts to named beneficiaries. Additionally, real estate transfers to a surviving spouse, or others named in a deed, generally take place outside of probate.
There is no set deadline for initiating the probate process or beginning estate administration. Typically, probate can wait for about a week following the funeral. Sawyer recommends starting the necessary steps within 30 days after death.
If no one contests the will or objects to the executor’s actions, the court’s involvement may be limited to opening, administering, and closing the estate.
In informal probate, the executor shares the will with family members. However, Sawyer advises that it’s wise to open the will with legal assistance present. The original will, safely stored, will be presented to the court as the official document.
The executor, named in the will, oversees estate matters during probate. Their responsibilities include identifying and contacting any parties with claims on the estate—beneficiaries, spouses, heirs, creditors, and trustees.
"The next steps involve listing all of the deceased's assets—such as bank accounts, real estate, personal belongings, and vehicles—and determining their fair market value. After this, the executor will need to identify any creditors and calculate the estate’s total liabilities to assess whether probate is necessary," he stated.
If no executor is named, or the designated person declines or is unable to serve, the court may appoint an alternate named in the will or a beneficiary. Any appointee must be deemed competent and suitable by the court.
When there is no will, within 30 days of the person’s death, administration can be granted to a sole heir or their designee, or to a person agreed upon by all heirs.
The appointed individual must swear an oath to fulfill their duties and provide a bond that equals the estate’s value.
Sawyer noted that first-time executors may quickly become overwhelmed by the numerous tasks, from gathering assets to notifying beneficiaries and creditors, especially while managing family expectations during a difficult time.
He emphasized that a skilled Baltimore probate attorney can be invaluable in streamlining the probate process. Attorneys can handle legal filings, communicate with beneficiaries and creditors, and often help close estates more efficiently.
Additionally, Sawyer pointed out that lawyers are often the best option for explaining a will’s details, reducing the likelihood of family disputes. "An attorney can offer a neutral, informed perspective, helping to defuse tensions that might arise over contested wills or disagreements about asset distribution," he added.
Attorneys are also equipped to mediate disputes over unequal inheritances, such as real estate left to multiple children. A lawyer’s expertise can assist in settling these often complex matters.
If the will is contested, a probate lawyer can represent the executor in court, handling the legal complexities that a layperson might find overwhelming.
"A lawyer's specialized knowledge becomes even more crucial when dealing with intricate estate or trust issues," he concluded. "By having legal counsel during probate, families often save time, reduce costs, and avoid the challenges of trying to manage the process alone."
Source: http://RecommendedExperts.biz
Contact Info:
Name: Bobby Sawyer
Email: Send Email
Organization: Johannesmeyer & Sawyer, PLLC
Address: 300 E Lombard St, Baltimore, MD 21202, United States
Phone: (443) 998-8855
Website: https://www.jandspllc.com
Release ID: 89156607
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