AFTER THE LOSS OF A LOVED ONE
Probate Assistance for Maryland Families
After someone dies, it can be difficult to know what needs to happen next. You may have found a Will, been named personal representative, or have questions about property, debts or other responsibilities involving the estate.
The Law Office of Dawn Trainor-Fogleman provides probate assistance to Maryland families who need help understanding the process and determining their next steps.
Dawn is a mobile attorney. She meets with clients in their homes at mutually convenient times, providing a comfortable setting to talk through what has happened, review available documents and answer questions.
30+ YEARS PRACTICING LAW
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20+ YEARS FOCUSED ON ESTATE PLANNING
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MOBILE ATTORNEY MEETING CLIENTS AT HOME
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MARYLAND-LICENSED ATTORNEY
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U.S. SUPREME COURT BAR
30+ YEARS PRACTICING LAW • 20+ YEARS FOCUSED ON ESTATE PLANNING • MOBILE ATTORNEY MEETING CLIENTS AT HOME • MARYLAND-LICENSED ATTORNEY • U.S. SUPREME COURT BAR
AFTER SOMEONE DIES
What Should You Do After a Loved One Dies in Maryland?
There is no single checklist that fits every estate. What needs to happen can depend on the property the person owned, how it was titled, whether there is a Will or Trust, and who will be responsible for handling the estate.
For many families, the first step is simply figuring out which questions need to be answered.
I Found a Will. What Do I Do With It?
A Will provides instructions for the disposition of probate property and may name the person the deceased wanted to serve as personal representative. Having a Will does not necessarily mean probate can be avoided. The estate still needs to be evaluated to determine which property is subject to probate and what steps may be required.
I Was Named Personal Representative. What Am I Responsible For?
Being named in a Will does not, by itself, give someone authority to act for an estate. In Maryland, a personal representative is appointed through the estate administration process. Once appointed, responsibilities can include managing estate property, addressing appropriate expenses and claims, completing required filings and ultimately distributing estate property.
What If There Is No Will?
An estate can still be administered if someone dies without a valid Will. Maryland law determines who is entitled to inherit probate property when there is no Will. Someone must still be appointed to administer the estate and complete the required estate administration process before probate property is distributed.
Does Everything Someone Own Have to Go Through Probate?
No. Whether an asset becomes part of the probate estate can depend on how it was owned, whether a beneficiary was designated and whether it was held in a Trust, among other factors. Reviewing how assets are owned or titled helps determine what belongs to the probate estate.
THE ESTATE ADMINISTRATION PROCESS
What Is Probate in Maryland?
Probate, also called estate administration, is the legal process for handling a deceased person's probate estate. It can involve identifying and managing estate property, addressing expenses and valid claims, completing required filings and distributing the remaining property to those entitled to receive it.
In Maryland, the Register of Wills and Orphans' Court have important roles in estate administration. A personal representative is appointed to handle the legal affairs of the estate.
The process can look different from one estate to another. The presence of real estate, debts, multiple beneficiaries, incomplete records, a Will or Trust, and the way property was owned can all affect what needs to be addressed.
What Does a Personal Representative Do?
The personal representative is responsible for administering the estate according to Maryland law.
If you have been named or appointed to serve, understanding those responsibilities before making decisions about estate property or distributions can help you move through the process more confidently.
PERSONALIZED PROBATE ASSISTANCE
Probate Guidance Based on Your Family's Situation
You may contact Dawn knowing exactly what you need help with. You may also call with a Will in hand and little idea of what comes next.
Either is a reasonable place to begin.
Dawn provides probate assistance based on the circumstances of the estate. She helps families understand the legal issues involved, the role and responsibilities of the personal representative, and how available estate-planning documents may affect what happens after a death.
Her approach is to explain complicated legal matters in understandable terms so you can make informed decisions about the next steps.
When Might Probate Assistance Be Helpful?
Legal guidance may be useful when:
You have been named or appointed personal representative.
Estate records or ownership information are unclear.
You are unsure whether an estate needs to go through probate.
There is a Will, Trust or both.
The person owned real estate or other significant property.
The person died without a Will.
There are multiple beneficiaries or heirs.
You have questions about what should happen before estate property is distributed.
There are debts or claims involving the estate.
Every estate is different. Understanding the property, documents, people involved and other circumstances of the estate can help clarify what needs to happen next.
UNDERSTANDING HOW THEY WORK TOGETHER
How Do Wills and Trusts Affect Probate?
Wills, Trusts and probate are closely related, but they do different things. After someone dies, understanding which property is governed by which document can be an important part of determining what happens next.
If There Is a Will
A Will provides instructions for probate property and may nominate a personal representative. It does not automatically keep an estate out of probate.
Learn More About Wills in MarylandIf There Is a Trust
Property properly held in a Trust is generally administered according to the terms of the Trust rather than through the probate estate. Other property may still need to be addressed through probate.
Learn More About TrustsWhat If There Is Both a Will and a Trust?
A person may have both because the documents serve different purposes. After death, the important question is not simply which documents exist, but how the person's property was owned and which document governs it.
Looking at the documents together can provide a clearer picture of what needs attention.
CLEAR GUIDANCE DURING A DIFFICULT TIME
Dawn Trainor-Fogleman has practiced law for more than 30 years and has concentrated her practice on estate planning for more than 20 years.
Her connection to this work is also personal. After her own parents died within a short period of one another, Dawn gained a deeper practical understanding of what families face during this stage of life. That experience helped shape her decision to focus her practice on helping families prepare for and work through these issues.
Dawn believes legal documents and legal advice should be understandable. She takes the time to explain what the documents mean, answer questions and give each client personalized attention.
An Experienced Maryland Attorney Who Comes to You
Mobile Legal Services Throughout Maryland
Dawn is a mobile lawyer, which means you do not have to travel to a traditional law office to meet with her.
She meets clients in their homes at mutually convenient times and does not maintain conventional business hours, allowing appointments to better accommodate work and retirement schedules.
Based in Damascus, Dawn serves clients throughout Maryland, including families in Central Maryland communities such as Montgomery and Frederick counties.
For families already dealing with a loss and new responsibilities, having the attorney come to you can make one part of the process simpler.
Questions About Probate Assistance in Maryland
COMMON QUESTIONS
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No. Whether probate is necessary depends in part on what the person owned and how those assets were owned or designated. Some property may pass outside the probate estate.
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Not necessarily. A Will governs probate property and may nominate a personal representative, but having a Will does not automatically eliminate the need for estate administration.
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The estate can still be administered. Maryland's intestacy laws determine who is entitled to inherit probate property when someone dies without a valid Will.
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The amount of legal assistance needed can vary from one estate to another. A personal representative has legal responsibilities during estate administration, so it can be helpful to understand those responsibilities before making decisions or distributing estate property.
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You do not need to have everything organized before contacting Dawn. If you have them, documents such as a Will, Trust, death certificate, deeds, financial records and information about known debts can help provide a clearer picture of the estate.
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Yes. Dawn is a mobile attorney and meets with clients in their homes at mutually convenient times. This allows you to discuss your questions in a familiar setting without having to travel to a traditional law office.
START WITH YOUR QUESTIONS
You do not need to determine on your own whether you need probate, estate administration or a particular legal filing before reaching out.
Tell Dawn what has happened, what documents you have and what questions you are facing. She can help you better understand the situation and the next steps that may apply.