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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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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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Maryland Estate Planning Attorney: How Does a Trustee Resign?

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Typically a notarized letter of resignation signed by the current Trustee is sufficient. The Trust itself may also have a clause describing how a Trustee must resign. Once resigned the Trustee has resigned any successor Trustee would become the new Trustee unless the Trust specifies another method of appointing the new Trustee. For a free, […]

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Potomac, Maryland Estate Planning Lawyer: File Your Will in Potomac, 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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Does a Maryland Will Have to be Notarized?

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No. Maryland Code, Estates and Trusts, does not require the notarization of a Will created in Maryland. An Advance Directive (aka, Health Care Directive, Advance Health Care Directive, Maryland Advance Directive) and Living Will (aka, Maryland Living Will) also does not require a notary seal in Maryland. As created by the 2010 Maryland General and […]

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Maryland Estate Planning: Assets and Property That Avoid Probate by Operation of Law

With or without a Will, certain assets will pass outside the Will and probate by operation of law. Property that passes outside the Will generally avoids probate and can save administrative fees. However, the property value may still be included by the government in calculating your estate value for the purpose of estate tax. For […]

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Maryland Trust Attorney: Pot Trusts and Separate Trusts for Children

When creating an estate plan, parents with minor children need to give special consideration to the ways in which they can provide for their children. Testamentary Trust For many parents, creating a Testamentary Trust will achieve their objectives of ensuring their assets are passed along to their children in an efficient and responsible manner. Without […]

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