How Do I Sue an Estate in Maryland?
There may be instances where you need to take legal action against an estate in Maryland. Reasons for this can vary widely, from being owed money by the deceased to disputes over the terms of a will or other estate-related disagreements. Understanding the legal framework and your rights is essential for effectively navigating these challenges. If you’re facing such a situation, reach out to the Law Offices of Terri D. Mason, P.C. today for dedicated legal support.
Filing a Claim Against an Estate in Maryland
Under Maryland law, individuals and entities (creditors) who believe that an estate owes them money have the right to file a claim to recover their dues. This process is governed by the Maryland Estates and Trusts Code and is designed to ensure fairness and transparency in settling the deceased’s debts.
Claim Form
The Maryland Register of Wills facilitates this process by providing a “Claim Against Decedent’s Estate” form, which is accessible on their official website. To file a claim, creditors must complete this form with precise details regarding the nature of the debt, the total amount owed, and include supporting documents such as contracts, invoices, or other written agreements that substantiate the claim.
Lawsuit
If the estate’s personal representative (often the executor or administrator) disputes or rejects the claim, the creditor may need to initiate further legal action. This involves filing a lawsuit against the estate, which moves the dispute to the Maryland Orphans’ Court system. This court specifically handles disputes related to the administration of estates and trusts. Engaging in litigation involves several legal procedures, such as proving the validity of the debt and the adequacy of notice given to the creditor.
Given the legal procedures involved, it is crucial to seek legal guidance. An estate planning attorney in Baltimore can help guide these proceedings, ensuring that your claim is presented effectively and your rights are upheld in court. Legal support is crucial in understanding state laws, engaging in negotiations with the personal representative, and, if necessary, presenting a compelling case to the Orphans’ Court.
Time Limits for Claims
Maryland imposes strict deadlines for filing claims against an estate. Generally, creditors have six months from the date of the decedent’s death to file their claims Maryland Estates and Trusts Code, Section 8-103. This timeframe is designed to allow estates to settle their affairs promptly.
However, the law also provides for an additional two-month window if the personal representative sends a formal notice to known creditors, requiring them to present their claims within a specified period, typically not less than two months from the date of the notice. Missing these deadlines can lead to the claim being barred, eliminating the possibility of recovery.
Trust Our Experienced Team
With over 29 years of experience in Maryland law, the Law Offices of Terri D. Mason, P.C. represent individuals in estate and disability-related legal matters. Our skilled estate planning lawyer understands the nuances of estate law and is dedicated to advocating for your rights and ensuring that you receive what you are rightfully owed.
If you are considering filing a claim against an estate, or if you face any disputes regarding estate administration, do not hesitate to seek professional legal help. Our team is equipped to guide you through every step of the process, from filing a claim to litigation if necessary. Take the first step towards resolving your estate-related concerns by contacting the Law Offices of Terri D. Mason, P.C. today.