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Best Ways to Preemptively Avoid a Will Contest

While anyone can contest your will after you have passed away, there are several things you can do to prevent them from succeeding.   The first and best way to avoid a will contest is to establish a trust. This is the most common way to avoid probate and to make contesting a will difficult. […]

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What Are the Inheritance Rights of Adopted and Step-Children in Maryland?

In the state of Maryland, adoptive children lose all inheritance rights from their biological parents but gain full inheritance rights from their adoptive parents. If an adopted child is left out of a will, Maryland’s intestacy laws are used to determine the adoptive child’s share.   Step-children do not acquire inheritance rights from their adoptive […]

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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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Maryland Trust for Individual With Special Needs

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Parents of a child with special needs have unique concerns when planning for their child’s welfare after the parents have passed away. Important practical and legal decisions need to be made to determine how and in what manner the needs of the child will be met. Careful consideration—including benefit implications—needs to be given when considering […]

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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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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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Baltimore Wills Lawyer: Can a Non-Resident Create a Will in Maryland?

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This is a question I receive from time-to-time from non-residents on extended stays in Maryland: can I create a Will using a Maryland attorney while I’m in Maryland, even though I live permanently in another state? The short answer is: No. You could have a Will made while in Maryland however the attorney creating the […]

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Glen Burnie, Maryland Estate Planning Attorney: File Your Will in Glen Burnie, Md. & Anne Arundel County, Md.

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You Live in Maryland and Have a Will? Good news. Maryland, unlike many states, 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 […]

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