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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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Adding Spouses to the Deed of a Bequeathed Property

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The deceased bequeaths house to family member in their will. The family member wants to add their spouse to the deed as Tenant by Entireties (T by E). The best way to handle this situation is to draft and file separate deeds, showing the clear chain of title. The reason for this is that there […]

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Record Your Will & College Park, Maryland Estate Planning

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 final step in the Will creation process as it ensures […]

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Who Can Obtain a Living Person’s Will in Maryland?

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In Maryland if the Will has been filed with the Register of Wills county office (or city office if in Baltimore) only the testator—the person who created the Will–or someone who has written permission signed by the testator can withdraw a Will from safekeeping. Proper identification is required by the clerks in the Register of […]

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Maryland Estate Planning for Pets: Pet Trusts

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I occasionally have clients inquire about making estate planning provisions for their pets. Under Maryland law this can be accomplished with the right estate plan. You can make provisions for your pet within your Maryland Last Will and Testament. Another approach is to create a Maryland Pet Trust. This type of trust is created specifically […]

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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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Happy New Year! Update Your Estate Plan?

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If your Will is several years old or you have experienced any life-changing events since your Will was created, such as marriage, divorce, the birth or death of a child, a child who is no longer a minor, a child who has since gotten married, a change in residence, or the death of anyone named […]

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Montgomery Village, Maryland Estate Planning & Will Filing

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As an estate planning lawyer, I encounter clients in Maryland who 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 quick access to your Will by the court that will handle probate for your estate. […]

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Formal Requirements for a Valid Will in Maryland

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Under Maryland law you must sign your will and two or more witnesses must sign the will in your presence. There are also formalities on informing the witnesses as to what you are signing though they are not required to read and understand the contents of the will. Each witness must be at least 18 […]

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Glassmanor, Maryland Estate Planning: File a Will

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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 final step in the Will creation process as it ensures […]

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