Navigating the Loss of a Loved One

Upon death, both the Durable Power of Attorney* and Advanced Medical Directive** documents will expire, and the Probate process will begin.

Probate is the legal process that takes place after someone's death; it involves:

• Establishing the deceased's Last Will and Testament as valid.
• Identifying and valuing the deceased person's property.
• Paying outstanding debts and taxes.
• Distributing all remaining assets per the instructions in the Last Will and Testament of the deceased or State law if no Will was created.

If you are tasked or designated as the Personal Representative*** for handling the Estate of a deceased person, there are many responsibilities that you must fulfil in order to satisfy the Laws of State of Maryland. This is especially true if the deceased had any legal title to real property, regardless of value. This is true whether or not the deceased person had a Last Will and Testament.

Why Hire a Maryland Probate Attorney?

Although The State of Maryland does not require that you have a probate attorney, it is usually a wise choice to have an experienced legal advocate to properly guide you through the process. Navigating banks courts and institutions while also under stress can be foreign to the average person, and failure to fulfill legal requirements could delay the distribution of assets or even result in personal liability or penalties.

The average probate proceeding in Maryland takes approximately six (6) months to one (1) year from start to finish. The time may depend on circumstances such as:

• The time of year the person died (due to the need to file their final income taxes)
• Assets that may be difficult to sell
• The degree to which the deceased person's records were organized
• The diligence of the Personal Representative
• Simply whether family members can agree on how things should be done.

At the Law Offices of Stephen F. Allen, P.C., we have been providing quality and cost efficient legal representation for over 35 years in Maryland. Call us at (301) 987-2002, or email us at allenlawfirm@aol.com to schedule a consultation to review your specific situation.

* - A Durable Power of Attorney delegates a person to assist or handle your formal affairs if illness limits your physical and/or cognitive abilities

** - An Advanced Medical Directive Also called a Living Will, is a Power of Attorney for the assistance or handling of your medical decisions.

***- The Personal Representative is the person or entity appointed to manage a deceased person’s estate for the probate process.