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Category Archives: Probate

Probate5

How to Claim an Elective Share of Your Spouse’s Estate If Your Spouse Had Complex Business Interests

By Tobin O’Connor & Ewing |

Maryland law allows married people to leave as much or as little property to their spouses as they choose in their wills. This means that, just because you are married, you can still choose to leave your entire estate to your siblings, your children from a previous marriage, a favorite charity, or anyone else. … Read More »

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EstPl2

Changing the Beneficiaries in Your Will Does Not Always Mean Undue Influence

By Tobin O’Connor & Ewing |

In probate law, undue influence means that the deceased person wrote or modified their will the way they did only because someone else coerced or deceived them into doing so. You can cite undue influence if the decedent was too ill to understand their actions at the time they signed their will. When an… Read More »

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Probate3

The Orphan’s Court Recognizes Your Same Sex Marriage, Even If Your In-Laws Do Not

By Tobin O’Connor & Ewing |

Same sex marriage in Maryland is relatively new, and many same sex couples who had been together for many years took the first opportunity to formalize their marriages, even if that meant traveling out of state to get legally married. Maryland courts began issuing marriage certificates to same sex couples in 2013, and for… Read More »

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Probate4

Probate Disputes About Disinterment of Remains

By Tobin O’Connor & Ewing |

Most probate disputes are directly or indirectly about money. The parties’ ultimate motivation is usually to determine that they get their fair share of the decedent’s estate. Sometimes there are other issues involved, such as whether the will was forged or signed under duress or undue influence. The parties might even disagree over which… Read More »

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Green v. McClintock: A Case of Competing Wills and Undue Influence

By Tobin O’Connor & Ewing |

Most people’s wills do not contain major surprises. Even if the deceased person does not show their will to any family members while they are alive, they usually leave their estate to their closest relatives. If someone else other than a spouse, son, daughter, sibling, niece, or nephew is to inherit a large share… Read More »

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ElderLaw4

Undue Influence Does Not Always Involve a New Friend or Spouse Manipulating a Vulnerable Elderly Person

By Tobin O’Connor & Ewing |

Undue influence is a common reason for family members to contest wills during probate. The stereotypical undue influence case is when a new friend or love interest quickly forms a close relationship with an elderly person who is vulnerable because of ill health or the recent loss of a spouse. The undue influencer convinces… Read More »

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Planning3

If You Sell an Inherited Real Estate Property While the Estate Is Still in Probate, You Must Notify the Court

By Tobin O’Connor & Ewing |

Your family member may have named you as the personal representative of their estate because of a professional qualification of yours. Perhaps you have worked as a tax preparer, insurance agent, financial adviser, or some other occupation where you are used to dealing with financial and legal paperwork. You might have a natural gift… Read More »

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EstateWill

Reopening an Estate in the District of Columbia

By Tobin O’Connor & Ewing |

Many people named as personal representatives of an estate feel some anxiety about the probate process, just because it is a legal process with which they do not have any experience. Once the estate settles and closes, they often feel a great sense of relief; later on, they might even enjoy comparing stories with… Read More »

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EPlanning

When Real Estate Properties Go Through Probate

By Tobin O’Connor & Ewing |

If a family member has named you as the personal representative of their estate, and you are starting the probate process for that estate, friends have probably already started reassuring you that probate is usually formulaic and painless and that, apart from having to pay some bills and taxes from the estate, you will… Read More »

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Probate2

Common Types of Disputes in a Washington DC Probate

By Tobin O’Connor & Ewing |

When someone passes away and they have assets, the estate will typically go through a process known as probate. This is the legal process where the court will oversee the administration of the estate to validate beneficiaries and heirs, resolve debts, and pay taxes. Part of this process may also involve dealing with disputes…. Read More »

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