Can your spouse be your personal representative?
To have control over the individual chosen for this responsibility, you must name the person in your will. If you do not, the court will select a representative for you. This will most likely be your spouse or a close relative, but not necessarily the person in your life who is best suited to the task.
What is the duty of personal representative in Maryland?
Maryland Law states that a personal representative “…is under general duty to settle and distribute the estate of the decedent in accordance with the terms of the will and the estates of decedents law as expeditiously and with little sacrifice of value as is reasonable under the circumstances.”. More specifically,…
Can a out of State person act as personal representative of a Maryland estate?
An out of state resident may act as personal representative of a decedent’s estate as long as a Maryland resident agrees to act as their agent. For more information, contact the Register’s Office in the decedent’s jurisdiction of residence.
Can a personal representative request a commission in Maryland?
A personal representative can request a commission for his or her services. Generally, Maryland has a maximum limit on the amount of commissions that can be taken from an estate. Some counties have chosen to assess both attorneys’ fees and personal representative’s commissions together when applying the suggested maximum limit.
Who is the personal representative of an estate?
A Personal Representative. A personal representative is appointed by a probate court judge to oversee the administration of an estate when someone dies with or without a will and has not transferred all his property into a living trust.
How is a personal representative appointed in Maryland?
A Personal Representative must be appointed by the Register of Wills or the Orphans’ Court before disposing of any assets. When appointed, Letters of Administration will be issued to the Personal Representative. Forms and procedures herein are mandated by Maryland Code and Maryland Rules.
A person who dies leaving a will has most likely named a personal representative to act on behalf of his estate, steering it through the probate process. The personal representative named in the will is known as the executor; if the decedent died without leaving a will,…
Who is the personal representative of a minor?
If a person can make health care decisions for you using a health care power of attorney, the person is your personal representative. The personal representative of a minor child is usually the child’s parent or legal guardian. State laws may affect guardianship.
Who is your personal representative for health care?
If a person can make health care decisions for you using a health care power of attorney, the person is your personal representative.