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Ways to Avoid Disputes Over Family Heirlooms

Family heirlooms can create problems among family members after a loved one has passed away. Even if the deceased had a will or trust in place, these documents may not address specific items, leaving family members the task of dividing up heirlooms fairly. This post explores ways to avoid disputes over family heirlooms.   If […]

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Can a Will Be Signed or Changed By Someone with Dementia?

One common question we receive is whether a person with dementia may sign or update their last will and testament. For a will to be considered valid, the signee must have “testamentary capacity.” In other words, a person must be mentally competent enough to understand the implications of what they are signing. For a person […]

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Are My Maryland Health Care Directives Valid in Another State?

While most states make provisions for accepting health (or advanced) care directives from other states, some states only do so with states having similar legal requirements. Some states may use different terminology around what health care directives mean. Requirements pertaining to life support procedures, for instance, can differ from state to state. While it is […]

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Remote Notarization of Documents in Maryland

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Governor Larry Hogan issued an Executive Order that waives the requirement of in-person notarization of documents, thereby authorizing remote notarization of documents during the COVID-19 emergency in Maryland. Release from the Office of the Secretary of State: Effective March 30th, Governor Hogan ordered the in-person requirement for notarizing documents in Maryland is temporarily waived for […]

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For How Long is a Maryland Will Valid?

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As a general rule, a will governs the distribution of assets only after the testator dies. Any changes to a will that are made during the testator’s lifetime will be valid. A will is not active until the owner of the assets passes. For example, if a testator wills her home to her son, but […]

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Does the Personal Representative of a Will Have to be a Maryland Resident?

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The Personal Representative does not need to be a Maryland resident. However, a Maryland resident must act as the agent of the Personal Representative. Typically this is a lawyer who is familiar with the laws and the Will. This individual has to be appointed at the beginning of the process. But anyone can be appointed […]

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When are Maryland Will Contents Reveled?

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The contents of the Will may be revealed to family members and interested parties after the person has died. This disclosure is done by the Personal Representative for the estate. The Personal Representative, or an attorney on their behalf, have a duty to properly notify all those who could receive distributions from the estate. The […]

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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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Baltimore, Maryland Estate Planning Attorney: How is a Will Affected by Marriage or Divorce?

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Under Maryland law a will is not affected simply by a subsequent marriage. But if a child born following that marriage survives the parent, they the will is revoked. A divorce automatically revokes the provisions of the will that pertain to your former spouse, but does not affect other provisions of the will. Thus the […]

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Maryland Estate Planning Lawyer: Religious Proclamations in a Last Will & Testament

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A few clients have inquired about whether they can include religious “titles” and phrases, such as “O thou glory of glories” and recitals in their Last Will and Testament that proclaim faith and gratitude toward high powers, and parents. The simple answer is “yes” these can be included. The more complicated answer is in exactly […]

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