Probate & Estate Administration Attorney

 

The loss of a loved one can be a difficult time. There are many things to consider and one of them is the management of your loved ones estate. Probate & estate administration attorney can be a burden. Fortunately, the attorneys at Longman & Van Grack, LLC can help.Bethesda Rockville MD Probate & Estate Administration Attorney

What is Probate
Probate is the legal process of determining the validity of a Last Will and Testament (will). In Maryland, the Register of Wills supervises this process. It includes an accounting of the deceaseds assets and liabilities, advising the appointed Executor and distributing bequests to beneficiaries. It could also include assessing and paying estate taxes, though that is a federal matter. There are two types of probate under Maryland law. The first is administrative probate, which occurs when the will is uncontested. The second is judicial probate, which occurs when the will is contested. The Orphans Court of the county of filing supervises judicial probate.

What is Administration
Administration is the process of managing an estate when someone dies without a will. In this case, the administrator of the estate is dictated by statute instead of being chosen by the decedent. This process includes many of the same processes as probate including an accounting of assets and liabilities, advising the administrator, distribution of assets as well as tax issues. Depending upon the situation, administration can be handled by either the Register of Wills or the Orphans Court. In the case of administration, the person charged with management of the estate is referred to as an Administrator.

Probate and estate administration are often complicated, invasive, and tedious processes. Even if the decedent had a solid estate plan in effect, the estate may still be difficult to manage by an administrator or executor. A probate attorney can guide administrators and executors to ensure they are performing their duties as required by law.

Contested Estates
Sometimes parties interested in an estate, such as beneficiaries or those who stand to inherit under the intestacy statute, can challenge an estate. This challenge to an estate is called a contest and is handled by the Orphans Court in the county where the estate was filed. Probate and estate administration can be further complicated by a contest. For more information on these types of challenges, go to our estate litigation page.

How Can an Attorney Help
Estates are often a burden on those who have just lost a loved one. They must be handled correctly from their initiation to avoid delay and complications. It is important for executors and administrators to consult with an experienced probate attorney as they have a fiduciary duty to perform their functions in accordance with the wishes of the decedent and the law. Please call Longman & Van Grack at (301) 291-5027 for a consultation today.

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With Offices in Bethesda, MD and Rockville, MD, the attorneys at Longman & Van Grack assist clients throughout Washington, DC and Maryland including Montgomery County, Howard County, Prince Georges County, Chevy Chase, Darnestown, Gaithersburg, Germantown, Potomac, Silver Spring, and Wheaton.

Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

With Offices in Maryland (Rockville or Bethesda), Virginia (Tysons Corner), and Washington, DC, the attorneys at Longman & Van Grack assist clients throughout Washington, DC and Maryland including Montgomery County, Howard County, Prince George's County, Chevy Chase, Darnestown, Gaithersburg, Germantown, Potomac, Silver Spring, and Wheaton. Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.