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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26755
Experience:  Estate Law Expert
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I was named the executor of my mothers estate, she lived in

Resolved Question:

I was named the executor of my mothers estate, she lived in MD, I live in NC, Iown propertity in MD and named as a beneficiary in the will, do i need a PR in MD or can I do it from NC. My research says I dont need one, some attorneys say no others say yes HELP
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

You have the have a representative in state but your attorney can agree to serve as the representative for that purpose so all of them are right, in a way.

Customer:

Did you see my question?

JD 1992 :

The question I saw was "do I need a PR in MD?"

JD 1992 :

And the answer is, yes you have to have a PR where the probate occurs but your attorny can serve as the PR for that purpose.

Customer:

But I dont need to have an attorney be the PR do I and does he or she take a commission for that

Customer:

Cant I be the PR

JD 1992 :

You have to have someone in state. You could hire a PR separate from the attorney but there really is no need to do that and it costs more. Usually the attorney will charge you a flat fee for the job including acting as PR. It is no extra work for them. You would still be the executor but the court wants someone in the state that they can subpoena, serve with papers if necessary,e tc.

JD 1992 :

I think you may confusing PR with executor.

Customer:

So I can be the executor even tho i am out of state, But need a PR in the state and an attorney cant charge a fee for that

JD 1992 :

Yes to everything EXCEPT there is nothing preventing preventing an attorney from charging for that. They usually don't but it's not a matter of they "can't".

JD 1992 :

That's something you would discuss and negotiate with them when you hire them.

Customer:

OK thank you I will talk with the attorney and see they will waive the fee thank you JD 1992 have a great day

JD 1992 :

To you as well. I wish you the best.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.



However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26755
Experience: Estate Law Expert
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