when dealing with estates can some ban accounts or property not be including in an estate? How is that determined? Example the will states and the rest of my estate be divided evenly and someone said but this one account is not included in the estate.
2 Answers from Attorneys
The will controls what is in someone's PROBATE estate. All property titled in the decedent's name when they die will be in their probate estate. Some assets pass outside of probate by title (e.g., a house, car or stocks that are titled jointly).
An attorney can help administer an estate - if you find yourself serving as a personal representative you may want to seek a lawyer's assistance. While I hope this post helps it is not a promise to represent or a substitute for getting individual legal advice specific to your situation.
Suggest you talk to an attorney who handles Federal/MD estate planning
and Federal/MD taxation matters. Information will need to be assembled
and carefully reviewed for a proper analysis and estate distribution
plan to be implemented. An experienced estate/tax attorney in MD should be
able to handle this type of matter and to protect the interests of the
client. Please note that, in accordance with the MD Code of
Professional Responsibility for Attorneys, a signed engagement letter
is necessary in order to engage my legal services. If I can be of any
help to you or people you know, contact me as I would be pleased to
provide tax/legal support.
Robert Beatson II, 7-22-2014, 7:20 p.m. EST
Law Offices of Robert Beatson II, 9818 Glynshire Way, Potomac, MD 20854
Practice areas: Tax, business law, computer/high tech/biotech law,
intellectual property, trusts/estates/wills, real estate, litigation, mediation.
Licensed to practice law in: DC, MD, VA, and NY.