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What is the Role of a Personal Representative?

A Personal Representative (aka executor) is a person appointed in an estate plan, or, when there is no will, appointed as a matter of law or by the court. This role involves ensuring that the decedent’s wishes are fulfilled when distributing assets, as well as managing the decedent’s affairs, including paying taxes and other bills. […]

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What Happens If My Heir Dies Before I Do in Maryland?

The answer to this question depends, first, on what kind of estate planning (if any) you have done.   If you have a will or a trust in place, you have already named your beneficiaries. But unless you have named alternate beneficiaries in your will or trust, you will have little control over where a […]

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Can I Include My Pet as Part of My Estate Plan?

In the unfortunate event that you become incapacitated or pass way, ensuring the safety and well-being of your pet is an important consideration. Maryland law considers pets “property” and are treated as such, which is why many pet owners choose to create a pet trust.   A pet trust enables you to designate a person […]

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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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Maryland Estate Planning Terms Defined

If you’re new to estate planning, you might feel overwhelmed. Any legal process can feel intimidating. In this post we will briefly define several key terms to give you a broader understanding of the subject so that, when you do decide to put an estate plan in place, you will have a better foundation.   […]

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What Happens to Your Mail After You Die?

Unless the Post Office is informed of a person’s death, mail will continue to be delivered to the decedent’s address. If you are the Personal Representative (or Executor), it will be necessary to continue receiving mail until all financial or business matters have been settled. However, a time will come when you will want to […]

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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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Are My Maryland Health Care Directives Valid in Another State?

While most states make provisions for accepting health (or advanced) care directives from other states, some states only do so with states having similar legal requirements. Some states may use different terminology around what health care directives mean. Requirements pertaining to life support procedures, for instance, can differ from state to state. While it is […]

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How Do I Establish Domestic Partnership to Avoid Property Deed Transfer Taxes in Maryland?

If you are considering adding or removing a domestic partner from a property deed, and would like to avoid transfer taxes, you will need to provide proof of domestic partnership. Maryland state law allows for eleven ways to prove domestic partnership.    1. A joint housing lease or joint liability for a mortgage or other […]

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What Are Life Estate Deeds in Maryland?

In the state of Maryland, a property owner can designate beneficiaries on real property by preparing a Life Estate Deed. This is an effective way to avoid probate and retain tax benefits. There are two types of Life Estate Deeds.   A Life Estate Without Powers is a deed whereby the property owner (or Grantor) […]

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