Stock Probate necessary?

[joepar2567]

State of Maryland

I am helping my 83 old Mother-in-law after her husband died. He had a Will naming her and their attorney joint executors. He had no estate because of his alzheimer's, and the attorney was going to file a notice of this fact with the Court. (No probate)
Recently she found evidence of 61 shares of common stock held in his name in an account administered by Equiserve, and they are the transfer agent. They are sending transfer papers to her for a non probate transfer of the stock to her name. They require a 3 % surety bond, medallion signature guarantees on the papers, and a copy of the Will. They will then transfer the stock to her.
The will states that the remainder of his estate should go to my mother-in-law and his two children from a prior marriage, as determined by the executors. (Her and her lawyer)
Does this stock need to be probated, or can she and her lawyer, as the executor's, certify that she should recieve the stock and avoid probate fees?
She had power of attorney.
We are only dealing with about $2300 of stock value.

 

[Dandy Don]

Why haven't you asked the attorney executor about this?

Ask the clerk at the county courthouse probate court if there is a form for simplified probate for small estates and find out what your county considers to be the minimum amount of value before probate is required. You seem to be worried about probate fees by assuming that it is going to be expensive when in fact it may not be if you find out the details before filing.

Have you inquired of the stock company if the husband specifically designated his wife as the beneficiary of this stock and that he filled out a form to designate this?

If the stock company is transferring the ownership to her because she was named as a beneficiary by her husband, then probate would not be required under the concept of right of survivorship. However, if the stock company is changing ownership to her out of courtesy as a surviving spouse, then it would seem that this item would be a part of this man's estate and would need to be probated so that the money could legally be split amongst the other heirs, after any outstanding debts or taxes, if any, have been paid and deducted.

 

[joepar2567]

I am trying to be as informed as possible. The attorney has not returned my calls.
I live in Idaho, Mother in law is alone in Maryland.
The will says she gets the non tangible property like this stock. The transfer agent will transfer it to her with a copy of the will for a 3% surety bond. There is no other estate, and the forms have already been filed with the County to that effect. Why open it up to probate if not necessary?.
Probate fee is 1% and commisson up to 9% on this amount.

 

[Dandy Don]

It does not appear that probate is necessary under the conditions you have described.