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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42871
Experience:  Texas lawyer for 30 years in Estate law
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My mom died and she had a will but it was not registered and

Customer Question

My mom died and she had a will but it was not registered and I can't find it, I am an only child and I believe her estate will be under the 50,000 threshold, however the mortgage company requires something to show I am the person they can deal with, what do I do?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Maryland
JA: What documents or supporting evidence do you have?
Customer: I have her living will and something called a durable general power of attorny
JA: Anything else you want the lawyer to know before I connect you?
Customer: Guess not
Submitted: 5 months ago.
Category: Estate Law
Expert:  RayAnswers replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 5 months ago.

I am so sorry for your loss.You will need to make application for intestate probate(no will).You will need a local probate lawyer to file for you and get you appointed personal representative.You are then able to talk to lender, gather assets, pay claims, etc.If you locate the will later on the probate can be converted to one where there is a will.

Lawyer referral

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COUNTY NUMBER

Allegany County
(Christina Gonzaga-Hamilton)(301)(###) ###-####/p>

Anne Arundel County(410)(###) ###-####/p>

Baltimore City (###) ###-####/p>

Baltimore County (###) ###-####/p>

Calvert County
(Mark Carmean)(410)(###) ###-####/p>

Caroline County
(Robert Thornton, Jr)(410)(###) ###-####/p>

Carroll County(410)(###) ###-####/p>

Cecil County
(Jennifer Hammond)(410)(###) ###-####/p>

Charles County(301)(###) ###-####/p>

Dorchester County
(Mid-Shore Pro-Bono Referral Service)(410)(###) ###-####/p>

Frederick County(410)(###) ###-####/p>

Garrett County
(Christina Gonzaga-Hamilton)(301)(###) ###-####/p>

Harford County(410)(###) ###-####/p>

Howard County(443)(###) ###-####/p>

Kent County
(Mid-Shore Pro-Bono Referral Service)(410)(###) ###-####/p>

Montgomery County(301)(###) ###-####/p>

Prince George’s County(301)(###) ###-####/p>

Queen Anne County
(Mid-Shore Pro-Bono Referral Service)(410)(###) ###-####/p>

Saint Mary's CountyNone, Use Charles or Calvert County

Somerset County
Mid-Shore Pro-Bono Referral Service(Anna M. Rounds)(410)(###) ###-####/p>

Talbot County
(Kara Miller)(410)(###) ###-####/p>

Washington CountyNone, use Allegany, Frederick, or Baltimore County

Wicomico County
(Ashley Bosche)(410)(###) ###-####/p>

Worcester County
(Frank Benvenutu)(410)(###) ###-####/p>

Expect probate here to last about a year from start to finish.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Expert:  RayAnswers replied 5 months ago.

More about Maryland Probate

Probate is the official way that an estate gets settled under the supervision of the court. A person, usually a surviving spouse or an adult child, is appointed by the court if there is no Will, or nominated by the deceased person's Will. Once appointed, this person, called an executor or Personal Representative, has the legal authority to gather and value the assets owned by the estate, to pay bills and taxes, and, ultimately, to distribute the assets to the heirs or beneficiaries.

The purpose of probate is to prevent fraud after someone's death. Imagine everyone stealing the castle after the Lord dies. It's a way to freeze the estate until a judge determines that the Will is valid, that all the relevant people have been notified, that all the property in the estate has been identified and appraised, that the creditors have been paid and that all the taxes have been paid. Once all of that's been done, the court issues an Order distributing the property and the estate is closed.