Legal Question in Wills and Trusts in Maryland
Maryland Probate: How come distributions can start once inventory is filed, even if six months not up yet? Or is that only if youre very sure no claims are coming? And can't i put tangibles in storage so i can work on the rundown interior of house, to make it marketable? The deputy at RoW seemed a bit shocked I had moved stuff out to storage. (But there was also fire hazard and security risk at house.)
1 Answer from Attorneys
Generally Personal Representatives wait 6 months before making distributions since the law has a strict order of paying claims -- if distributions are made within that period and creditor claims come in, the beneficiaries would need to give back the property they received which could be very difficult. However, there is no law that prevents a PR from making an earlier distribution where the PR is reasonably sure no claims will be filed.
Legally, a PR can certainly move tangible property to storage although typically the PR will have the personal property appraiser inventory the contents of a house before starting to move or dispose of contents.
While not legal advice I hope this general information helps answer some of your questions.
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