Ethics Hotline & Opinions

ETHICS DOCKET NO. 2010-06

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 2010-06

Ethical issues a guardian of the property encounters, handling funds after the death of a ward.


 You tell us that you are the guardian of the property of a deceased ward and that there are few remaining assets and little or no family remaining of the ward. You advise that it is not cost effective to open an estate, close the deceased ward’s guardianship checking account and then deposit the ward’s funds in the ward’s name in a client fund account. Upon the passage of the prescribed amount of time, you would then forward the fund to the Maryland Unclaimed Funds Property Custodians. Your question is one of what is permissible under the appropriate law. This committee’s By-laws only permit it to answer ethical questions. We believe that MD Code Ann., ET §§ 13-214, 13-220, and 13-221 when read in conjunction with one another, should give you some guidance. We hope that this response has addressed your inquiry and we thank you for your interest. Our opinions may be found on-line at http://www.msba.org.

 

REFERENCES:

  • Md. Code Ann., ET 13-214, 13-220 and 13-221

 

ASSIGNED TO: Charles S. Winner

DATE ASSIGNED: March 27, 2010

DATE DISTRIBUTED: November 3, 2010


DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.