Legal Question in Wills and Trusts in Maryland

My brother died in Maryland without a will and no beneficiaries on his insurance. If we do not probate the estate, what will the creditors do (there are many)?? He was never married and has no children.


Asked on 12/04/12, 2:27 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Part of the process of probating an estate is to conclusively deal with creditors. Once an estate is open, creditors get notice and must file a claim within a certain period of time. If they don't file a claim within the time period, they don't get paid out of estate assets. The law specifies who gets paid first when there isn't enough money to go around. Generally things like probate taxes, funeral expenses and estate administration costs get paid before other creditors.

You may wish to consult with an attorney who can help answer your questions and assist with any estate administration.

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Answered on 12/04/12, 3:41 pm


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