Legal Question in Wills and Trusts in Maryland

Elderly relative in Maryland appointed a Personal Representative prior to her death. This relative had stock which was worth a considerable amount. This stock is not listed among her Estate assets. We're pretty sure the Personal Representative had the stocks transferred into her name. Is there any legal recourse we heirs can take to get this back?

Asked on 7/31/18, 9:18 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

To get a complete answer you would likely need to sit down with an attorney to look at the particular asset, get information on the estate and discuss whether or not there is any ability to take legal action.

Generally speaking anyone is free to give away their property to whomever they choose and prudent planning often passes property outside of the probate estate. A Personal Representative has a legal obligation to identify all assets held in the decedent's name at his/her death and list those on the Inventory filed with the Court. The PR should also identify any property passing outside of the estate to people who are not close relatives.

While not legal advice, I hope this general information helps.

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Answered on 8/08/18, 9:28 am

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