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Can a Personal Representative Designated in a Will Act Before the Principal’s Death?

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A Personal Representative has no power to do anything before death. Only a Power of Attorney or court appointed guardian can act during the principal’s lifetime. As such, it is important to meet with a lawyer and execute the proper Power of Attorney documents before such an individual is needed, rather than later when issues […]

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How to Revoke a Maryland Will

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Before deciding to revoke a Will you should discuss the pros and cons with an experienced estate planning attorney. There are many good reasons to revoke a Will but this should almost always include replacing the Will with a new updated Will. Creating a new Will is an excellent way to revoke a prior Will. […]

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How Should My Maryland Will Provide for My Children?

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When your will is drafted you should designate a person, or people, who will serve as guardian if you and your partner both die while your child is a minor; in Maryland this is a child under the age of 18. Your will also gives you the opportunity to create trusts that will control how, […]

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Are Maryland Wills Public Records?

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Wills of living persons in Maryland can be filed with the Register of Wills for the county in which the person lives. The wills are held for safekeeping by the Register of Wills but they are not part of the public records. In the State of Maryland you may not review the Will of a […]

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Making Anatomical Gifts With a Maryland Will

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A will may include specific directions for your funeral or cremation and the disposition of your body. Because your will may not be reviewed immediately after death such directions should be communicated to family members, and contained in other documents, so they are aware of your wishes at the time of your passing. If you […]

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Maryland Estate Planning: Creating Estate Planning Documents such as Wills, Trusts, Durable Powers of Attorney & Advance Directives

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Here are some good questions to ask an attorney when you are considering hiring that attorney to create an estate plan for you. These are questions that are sometimes asked of me and I have included my answers after each question. “How do you draft your estate planning documents?” I begin by learning what you […]

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Baltimore, Maryland Estate Planning Attorney: Can a Will be Changed or Modified Years After it Was Created?

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You can change your will at any time by signing an amendment known as a “codicil” or by having a new will prepared. Either a codicil or a new will must be executed with the same formal requirements under Maryland law as the original will. You should not attempt to change your existing will by […]

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Baltimore, Maryland Estate Planning Lawyer: How Can a Revocable Living Trust be Terminated?

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With a true Maryland revocable living Trust, the Trust can be dissolved. You should have an attorney review the provisions in the Trust so that termination is done correctly. The Trust will provide the basis and steps for termination but where the Trust is silent Maryland law will apply. This should not be an expensive […]

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Bethesda, Maryland Estate Planning Attorney: File Your Will in Bethesda, Md. & Montgomery County

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Maryland allows Wills to be filed with the county in which you live. As an estate planning attorney, I have encountered clients in Maryland who have failed (or their attorney failed) to file their Will with the county. This is a critical final step in the Will creation process as it ensures safe keeping and […]

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Maryland Estate Planning Attorney: What if a Trust Does Not Indicate Whether it is Revocable or Irrevocable?

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Under Maryland law, when a Trust is silent as to whether it can be revoked that Trust is usually found to be revocable. For a free, confidential conversation to discuss this and other estate planning matters, or to create your own estate plan, Trust and Will, contact Maryland estate planning attorney Stephen J. Reichert at […]

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