Legal Question in Wills and Trusts in Maryland

If a persons dies, and there property was sold, and the funds went into the decease estate to be distributed to there living children, is there a status of limitation on when the fund can be issued out.


Asked on 3/26/12, 7:32 am

2 Answers from Attorneys

Cedulie Laumann Arden Law Firm, LLC

There is not a certain number of days or strict "statute of limitations, " but the personal representative has an obligation to disburse in a timely fashion. What is "timely" may depend on the circumstances. For instance, if creditors / claims are pending, the PR may need to wait a few months after assets are sold to ensure that all claims are paid.

Each child/interested person should receive the accounts filed with the court and if funds have not been disbursed may object.

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Answered on 3/26/12, 8:15 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Depending on the type of estate that was opened and any modifications afterward, there is a limitation on the period for disbursements and closure of an estate. There is also a process for bringing claims in the event that a personal representative has not properly addressed matters of probate. I would need to know the type of estate as well as whether there are other complications with completing probate. I am an experienced probate attorney and am available to assist you.

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Answered on 3/25/13, 2:35 pm


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