THE LAW OFFICE OF Frederick R. Franke, Jr.
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Estate Administration Topics

This material is offered for informational purposes only and does not constitute legal advice. Persons with a specific legal concern should engage competent counsel. All contents copyright ©2002 Frederick R. Franke, Jr.

Overview of Estate Administration: This is an outline of what is involved when a personal representative administers an estate.

Orphans' Court Jurisdiction: In Maryland, the probate court is the Orphans' Court. Except for Montgomery and Harford Counties, there is a three-judge court elected by county-wide votes. In Montgomery and Harford Counties, Circuit Court judges sit as Orphans' Court judges. In all cases, it is a court of limited jurisdiction. This is a discussion of the jurisdictional issue.

Tax Clauses and Tax Allocations: The tax clause (or absence thereof) can have a dramatic impact on the ultimate distribution of wealth. This article addresses some of the issues related to tax allocation.

Disclaimers and Creditors of an Heir: Disclaimers are very important post-mortem planning tools. Maryland and federal case law, however, has raised issues as to the rights of creditors of the disclaimant to attach the disclaimed property.

Payment of Estate Attorney-Fee: Several Maryland cases make clear that the Orphans' Court must approve counsel fees whether for administration or litigation services.