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Maryland Estate Planning: How Do I Obtain Power of Attorney?

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In order to obtain power of attorney you must have the Principle decide the amount of power they wish to give. There are different types of power that falls into broad categories of Financial and Healthcare. For each of these powers to be granted, separate documents must be created. The General and Limited Power of […]

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Maryland Estate Planning: Where Should I Keep My Will?

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A Will is an important legal document that should be kept in a safe and secure location. There are many great options such as a safe deposit box, a personal safe in the house or even by your attorney. The Will needs to be in a place that is safe from theft and damage from […]

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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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Owings Mills, Maryland Estate Planning: File a Will

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Maryland law allows Wills to be filed with the county in which you live. As an estate planning attorney who works in Owings Mills, I have encountered clients 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 […]

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I Found an Unsigned Maryland Will, What Now?

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A question was recently asked about what can be done if you find a Maryland will, of a family member, but the will is unsigned and it appears it may have been filed with the county. You should contact the clerk at the register of wills for the county in which the will was filed. […]

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What Death Taxes are Payable in Maryland?

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Both the federal and state governments impose taxes upon the property/estate of a decedent. A federal estate tax with graduated rates is imposed on all property interests that the decedent owned at the time of death. The federal estate tax applies to probate assets and also to non-probate assets. For example, joint property and insurance […]

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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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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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Validity of a Handwritten Will in Maryland

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Under Maryland law a handwritten will, which is also known as a holographic will, is considered legally valid. There is no requirement in Maryland law that a will be typed. That said, the will must still conform with all the other requirements for estate documents as provided for under Maryland law and having a handwritten […]

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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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