Probate Attorneys in Maryland, DC and North Carolina
What Is Probate Law?
Probate is the legal process of administering the estate of a deceased person (“decedent”), resolving all claims against the estate, paying taxes and distributing the deceased person’s property to heirs and/or beneficiaries.
A probate attorney is licensed by the state(s) in which he or she practices law and is experienced at advising the personal representatives, heirs and beneficiaries of an estate regarding how to best settle the final affairs of the decedent.
What Assets Must Go Through Probate?
Essentially, probate is necessary for property that was:
- owned solely in the name of the decedent, e.g. a home or car that is titled exclusively in the deceased person’s name, or
- a share of property owned as “tenants in common”, e.g. the deceased person’s interest in an investment building that was co-owned with his/her sibling.
Collectively, this property is commonly referred to as the probate estate. If there are assets that require probate court proceedings, it’s the duty of the executor named in the will to open a case in probate court and see it through to conclusion. If there’s no will, or the will does not name a Personal Representative, the probate court will appoint a person to serve as the Personal Representative.
Assets That Do Not Need To Go Through Probate
Typically, many of a decedent’s assets may not need to be involved in a probate court proceeding. the assets in an estate do not need to go through probate. If the decedent was married and the spouse is a joint owner, a probate court proceeding may not be necessary.
Assets that may not need to go through probate, due to either state law or properly implemented probate-avoidance strategies, are:
- Retirement accounts that have a named beneficiary/the receiving party
- Life insurance proceeds that have a named beneficiary
- Property that is held in a living trust
- Funds and/or savings bonds in a payable-on-death (POD) bank account
- Securities registered in transfer-on-death (TOD) form
- U.S. savings bonds that are co-owned
- Real estate, if a valid transfer-on-death deed exists (not allowed in all states)
- Pension plan distributions
- Wages, salary, or commissions (maximum amount varies by state) due to the decedent
- Property that is jointly rented, where upon death, the co-owner will be entitled to the deceased’s assets
- Property owned as tenants by the entirety with a spouse (not all states recognize this form of ownership)
- Cars or boats registered in transfer-on-death form (not allowed in all states)
- Vehicles, household goods and other personal items that are transferred to immediate family members via state law
Top Reasons To Hire A Probate Attorney in MD, DC or VA
- Contracts
Occasionally, legal documents such as deeds or disclaimers must be prepared during probate in order to fulfill the last wishes of the decedent, or to help the heirs arrange their inheritance to comply with the terms of the will. This is especially true with large estates, or when assets are left to multiple heirs.
If there is a business involved, the assets are typically complex enough to benefit from a probate attorney. The attorney can ensure that the right legal documents are in place for transferring or dissolving ownership.
- Conflicts
In some cases, probate issues may create tension or disputes between the heirs. We have seen estate proceedings tear families apart over arguments and bad feelings. A probate lawyer can help mediate between family members and mitigate family conflict.
- Court
There are many situations involving probate that may require the Court’s involvement.
For example, if the will or other estate documents are not written clearly, the Court will be called upon to interpret them.
Probate can cause conflict among family members, especially when the specific terms of a will are less favorable than some heirs might have desired. In cases where the will is challenged by an heir, litigation may be necessary to resolve the matter.
- Claims
Legal claims against estates occur more frequently than many people realize. Will Executors/Personal Representatives can be held personally liable to an heir(s) if an error is made that results in losses for the beneficiaries. Also, if creditors’ claims are not satisfied, due to either administrative error or the estate’s insolvency/inability to pay debts, those creditors are likely to file claims against the executor of the estate.
Do You Need A Probate Lawyer in MD, DC or VA?
Whether you’re an executor, an heir awaiting an inheritance, or a would-be heir who wants to contest the will, an experienced probate attorney can help simplify the entire process and guide you through it in a manner that reduces stress and anxiety for all involved parties.
Contact us for a free consultation.
Attorneys specializing in this practice area
JAMES E. MCCOLLUM, JR
In 1988, Mr. McCollum started the law firm of James E. McCollum, Jr., P.C. (now The McCollum Firm). In 2002, Mr. McCollum was presented an award as a Finalist for the Trial Lawyer of the Year by Trial Lawyers for Public Justice. Mr. McCollum’s professional affiliations include membership in the Supreme Court of the United States, the Bar of the State of Maryland, the Bar of the District of Columbia and the American Bar Association.
Need help in this area?
The McCollum Firm offers one free 10-minute phone consultation. We will do our best to give a quick honest evaluation as efficiently as possible. Some cases are not worth the time, energy, and money to pursue, and we will always let you know if it is worth it.
7309 Baltimore Ave, Suite 117
College Park, MD 20740
(301) 864-6070 office
(301) 537-0661 mobile
(301) 864-4351 fascimile
jmccollum@jmlaw.net