Legal Question in Wills and Trusts in Maryland

Can the personal rep of an estate simply write a check to the child of the decedent when they reach legal age?

Asked on 2/18/11, 12:02 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends. What does the will say? Is there a will? Personal representatives usually have broad discretion.

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Answered on 2/18/11, 12:16 pm
Richard Abraham Abraham & Bauer, LLC

Is there a last will and testament and if so is the decedent's child named to inherit? The child should also be older than 21 years of age. PR's do not have broad discretion. They must honor the terms of the Will and of Maryland law. If there is no will the laws of intestacy shall control

The above answer is provided solely for informational purposes and does not create an implied or expressed attorney-client relationship.

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Answered on 2/18/11, 2:16 pm

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