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Opening up what is known as "ancillary" or "foreign" probate

DEAR BENNY: I live in Florida and am executor of the will of a friend in New York City who owned a one-half interest in a condo in Ocean City, Md. She wanted to give that interest to my nephew upon her death. How do I go about transferring her interest to him? Do I need an attorney? –Ronald

DEAR RONALD: Even if you went through probate in New York, since the deceased owned property in Maryland, you will have to open up what is known as “ancillary” or “foreign” probate in Maryland. It’s not too complex, although you may want to retain a local attorney in Ocean City to assist you.

Once the Maryland court probate proceeding has been established, you should have no problem issuing a personal representative (executor) deed to your nephew. To avoid any issues of conflict of interest, I assume that the will specifically states that the property interest is to go to your nephew.

 Opening up what is known as "ancillary" or "foreign" probate

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