QUESTION

Do you have to create an estate when some passes in Maryland?

Asked on May 08th, 2012 on Estate Planning - Maryland
More details to this question:
Do you have to create an estate when some passes in Maryland? My father in law pased away and left everything to my husband. Do we have to open an estate to sell his property (i.e. mobile home - no land, vehicles, etc). There is no life insurance, 401k, etc. Only income was SSI. We have already notifed all parties of his passing and are in the process of selling his home. The realtor implied we had to create an estate. There is not much value to his property and no outsnading debt other than the loan on the home, which we intend to pay off with the sale.
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1 ANSWER

Alternative Dispute Resolution Attorney serving Baltimore, MD at Whiteford, Taylor & Preston L.L.P.
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If the title to the mobile home was in your father-in-law's name alone, then your husband will have to open an estate in order to get himself appointed as personal representative of the estate. This is necessary because only a personal representative would have authority to transfer the title of the mobile home to the purchaser.
Answered on May 11th, 2012 at 12:06 PM

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