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Form 941 (PR) for Montgomery Maryland: What You Should Know
Under MD. CODE ANN. §26-24:5, the surviving spouse is “person who, at the time of the decedent's death has not actually a legal, equitable, and fiduciary responsibility for the maintenance and support of said beneficiary and who, but for the fact of such right, has no power, authority or right of trusteeship with respect to the real estate held by said beneficiary.” The surviving spouse must sign the form on behalf of the surviving spouse of the decedent. The form must be accompanied by an affidavit from the decedent's executor or administrator stating that the trustee does not hold a mortgage to the realty, and the affidavit must state that the property is free from any liens (or encumbrances) on the realty. This document also must state that the deceased did not have a legal, equitable, and fiduciary responsibility for the maintenance and support of the beneficiary. Form 1A-BASED is an affidavit signed by the decedent's executor or administrator and certifies the non-existence of a mortgage on the realty. The forms must state that the decedent does not have a legal, equitable, and fiduciary responsibility for the maintenance and support of the beneficiary. Maryland's law also allows a decedent's estate to pay any mortgage which the decedent owned, but has received at least five months after the date of death, and at the direction of the surviving spouse, does not claim as a creditor. Under MD. CODE ANN.
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