The Ultimate Guide to Fiduciary Transactions (F) (previously known as)The Super Guide to Probate

April 29, 2026 9:30 AM - 11:30 AM (EDT)

Description

The Ultimate Guide to Fiduciary Transactions  Course: 317-0703 Topic: F  1.5hrs  Instructor: Katie Hynes DiFerdinando, Esquire 

Overview: The Ultimate Guide to Fiduciary Transactions (previously known as The Super Guide to Probate) is an overview for Maryland REALTORS on the basic ins and outs of representing buyers and sellers of inherited and estate or trust owned property.  REALTORS leave this presentation empowered to handle the ever-complicated fiduciary efficiently and effectively.

A. Introduction

1. Presenter Background: I am an estate litigation attorney. I represent clients in probate,

trust, POA, and guardianship disputes. For almost 6 years I have assisted my clients in navigating issues

that arise after an individual loses competency or passes away, most often those in the roles of POA,

Personal Representative, Trustee, or Guardian. I frequently work with Realtors when it becomes

necessary to sell real property through a fiduciary due to the owner’s inability to do it on their own.

2. Attorney/Client Relationship: Although I am an attorney, I am not your attorney by way of

this presentation. The information I provide is general and is not intended as legal advice. You should

reach out to independent counsel for advise specific to the facts and circumstances of your legal matter.

B. Understanding the Language

1. Legalese: The terms and phrases you will encounter are often misunderstood or misused.

Maryland law assigns specific meanings to some of these terms and it is essential that as the trusted

Realtor you know what these terms are and mean. You cannot properly represent your seller or buyer if

there is confusion with the terminology.

2. Terms Defined: Probate, Testate, Intestate, Probate Estate, Non-Probate Estate, Net Estate,

Gross Estate, Trustee, Trustor, Personal Representative, Fiduciary, Attorney-in-Fact, Beneficiary, Heir, Life

Estate, Testamentary Trust, Revocable Trust, Lien, Register of Wills, Orphan’s Court, Letters of

Administration, Certification of Trust, EIN, Estate Tax, Inheritance Tax, Medicaid

C. Representing a Fiduciary

1. Introduction: A Realtor always needs to know who they are representing in a transaction.

You will approach the representation of a fiduciary with extra care and caution, ensuring that the

individual actually has the authority they claim before signing any agreements. Proof of authority is

should be willingly provided by the client and for the most part can be easily verified by the Realtor. Be

weary of someone who refuses to provide you with original documentation for inspection or refuses to

give you any proof at all. The title company is going to want it for closing and there should be no reason

why a fiduciary refuses to provide you with the same.

2. Fiduciary Authority: A Realtor needs to determine who their fiduciary is. Are they the

Guardian, the POA, the PR, or the Trustee? Generally, a person acting as one of these has the authority to

sell or buy real property on behalf of and in the name of another person. The PR and Guardian are

easiest to prove and confirm. They will provide you with Letters of Guardianship (gold seal) or Letters of

Administration (raised seal). You can confirm that their appointment is still active by checking the

matter dockets (explained later). A POA will provide you with a Power of Attorney. This may require

interpretation by your Office Counsel. A Trustee will provide you a Certification of Trust. Also up for

interpretation by Office Counsel.

3. Realtor - Fiduciary - Beneficiary: A Realtor should keep in mind that the fiduciary answers

to estate or trust beneficiaries or an incapacitated individual. This duty means that you need to give

advice on the transaction based on who the fiduciary answers to. A PR is going to need to sell the

property “as-is” and stay within fair market price. The same often goes for a Trustee. They are not going

to be permitted to use estate or trust funds to make extensive upgrades that do not guarantee a return

on investment. A POA may be constrained similarly. Guardians must answer to the Court. Here different

scenarios will be presented and discussed to illustrate the point. A Realtor also must understand who

they represent and that not every person who maybe involved in a transaction (directly or indirectly)

has a say in the transaction over the fiduciary (know the players and know your client!).

D. Court Oversight

1. Introduction: A Realtor must be prepared to defend their representation of the fiduciary

in Court if necessary. Knowledge of intervention and oversight of the Courts is imperative in fiduciary

transactions.

2. Register of Wills | Orphan’s Court: Oversee PRs and the administration of decedent

estates in Maryland. There will be discussion on probate laws to be mindful of and the process/timeline

in Maryland.

3. Circuit Court: Oversee Guardians, resolve Trust and POA disputes; There will be

discussion of Guardianship laws and court orders, the types of Trusts and what the effect each has on a

transaction, and POAs

4. District Court: Wrongful Detainers, Landlord Tenant disputes, small claims, replevin matters

E. Fiduciary Disputes

1. Introduction: A Realtor should be aware of the typical disputes that arise in fiduciary

transactions and tips and strategies to avoid them. Here the points will be illustrated with scenarios and

facts and discussion. At this juncture the questions presented by attendees will drive the discussion, as

often they ask about things that they have dealt with and may not have foresaw or known what to do.

The presenter will not comment on these specific cases but will conduct discussion on the question to

provide an appropriate response. This gives the attendees the opportunity to put together everything

discussed in real world examples.

F. Maryland’s Statute Against Financial Exploitation “SAFE” Act

1. Introduction: This new Act was created to curb the financial exploitation of Elders and

Disabled individuals. A Realtor should not only be aware of the Act, but also understand that some

fiduciary transactions may present circumstances which require reporting to the authorities by the

Realtor.

2. SAFE Act: Discussion about the Act, what it , and when it is applicable.

3. Reporting Financial Exploitation: A Realtor needs to be aware of what financial

exploitation may look like and their duty to report it under the SAFE Act. As this is a relatively new law,

the discussion will be made of hypothetical fact patterns and reporting information (how, to whom,

consequences).

G. Realtor’s Tips and Tricks

1. Tips and tricks for Realtors to keep in their back pockets for a smooth sale and tips and

techniques on searching public records to verify what the fiduciary is claiming with regards to their

authority over the property

2. Public Records Covered: Register of Wills Estate Search, Maryland Land Records,

Maryland SDAT,Maryland Judiciary Case Search, County Tax Bills

3. Deeds and Ownership: A brief overview of Deeds and important things to look for:

ownership, fee simple?, ground rent?, trailers and ownership by vehicle registration, life estates, joint

tenancy, liens

4. Identification and Signature: How to properly identify a fiduciary on a contract and

examples of the proper way for the fiduciary to sign documents.

H. Q & A (if time permits)

Time

Sign In: 9:30am

Class:10am - 11:30am

Location

CARROLL COUNTY ASSOCIATION OF