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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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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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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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Clinton, Maryland Estate Planning: Where to File a Will in Clinton, Md. & Prince George’s County

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Clinton, Maryland Estate Planning: Where to File a Will in Clinton, Md. & Prince George’s County 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 […]

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Maryland Power of Attorney & The Ability to Sell a Home

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I was recently asked whether a Maryland Power of Attorney can grant the Agent the ability to sell the home of the Principal. The Agent is the person who is given power to act on behalf of the Principal through the creation of a Power of Attorney document. The answer is: yes, it is possible […]

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Baltimore Estate Planning Attorney: Maryland General and Limited Power of Attorney Act

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Having a Durable Power of Attorney for Finances (DPAF), also called a Financial Power of Attorney, Durable Power of Attorney, or simply a Power of Attorney—allows an individual to act on your behalf in the event you become incapacitated. Having a DPAF is an important document if you own property or have income, investments, or […]

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