Legal Question in Wills and Trusts in Maryland

Are specific bequest of assets protected if money is owed for funeral, and general estate expenses.

Asked on 3/12/11, 10:18 am

1 Answer from Attorneys

Charles Stewart Law Office of Charles R. Stewart, LLC

There is s specific hierarchy of distributions if the estate does not have enough assets to cover payment of all claims and distributions. Only after one category is fully paid, may the estate pay the next category:

1. Register of Wills fees

2. Estate administration costs and expenses

3. Funeral expenses

4. Personal Representative and/or attorney fees

5. Family Allowance

6. Decedent's taxes

7. Medical expenses of the decedent's last illness

8. Decedent's rent (up to 3 months)

9. Wages, commissions, salaries payable (up to 3 months)

10. Reimbursement to State for public assistance

11. All other claims (including specific bequests, the remainder of the estate to named beneficiaries, or to intestate beneficiaries if there is no will

You may wish to consult an attorney experienced in estate administration for further information and assistance. You may reach me at 240.625.9455 with any further questions.


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Answered on 3/15/11, 10:05 am

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