If you have ever gone to the register of wills after a loved one died, then you know how complicated and convoluted probate law is. In my job, I encounter so many laws that keep my clients from getting what is rightfully theirs. Often, these problems exist because they just hurt low-income people and nobody has bothered to fix them.Â
Eliminate the probate fee. Rich people have trusts so they don't pay a probate fee so this is a regressive tax that we don't need.
Eliminate the publication requirement. No matter how low-income you are, you have to pay to have a notice placed in a physical newspaper! The General Assembly voted unanimously to repeal this requirement, but it was vetoed by the governor. Low-income people shouldn't be forced to subsidize the newspaper companies.
Eliminate the nominal bond. No matter how low-income you are, you are required to buy a bond as insurance against yourself not paying taxes. Maryland is the only state to have this requirement. If someone doesn't pay a fee, there are already effective enforcement mechanisms. So, this is really just free money for bond companies at the expense of our residents. Maryland is the only state to have a law like this.
Eliminate the inheritance tax. This is a tax on non-wealthy people that don't have children. A person who leaves $5 million to their son pays no tax. A different person leaves their $50,000 house to their niece who they consider to be their daughter, the niece has to pay $5,000 to get the house.
Eliminate the Maryland estate tax. This one actually is a tax on the rich. But, it's extremely easy to avoid. If a couple has $20 million in assets, they can put $10 million in a certain trust. And that's all it takes to avoid $4 million in taxes. Something it is effective at is convincing older, richer people to go retire somewhere else, shrinking the tax base. Only 12 states in the country still have a state-level estate taxes.
Allow real estate to be inherited without all the bills being paid. This issue is quite boring and technical but it is the barrier that harms my low-income clients the most. Maryland is the only state in the country that has a law like this.