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Can a Will Be Signed or Changed By Someone with Dementia?

One common question we receive is whether a person with dementia may sign or update their last will and testament. For a will to be considered valid, the signee must have “testamentary capacity.” In other words, a person must be mentally competent enough to understand the implications of what they are signing. For a person […]

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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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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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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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Baltimore, Maryland Estate Planning Attorney: How is a Will Affected by Marriage or Divorce?

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Under Maryland law a will is not affected simply by a subsequent marriage. But if a child born following that marriage survives the parent, they the will is revoked. A divorce automatically revokes the provisions of the will that pertain to your former spouse, but does not affect other provisions of the will. Thus the […]

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Silver Spring, Maryland Estate Planning Lawyer: File Your Will in Silver Spring, Md. & Montgomery County

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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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