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Baltimore Estate Planning Attorney: Can a Spouse be Disinherited in Maryland?

“Can my spouse disinherit me?” “Can I disinherit my spouse?” Maryland Law & Spousal Election Under Maryland law, an individual may not disinherit their spouse. A spouse has a legal right to elect a share of a deceased spouse’s estate whether the surviving spouse was included in the Will or not. Maryland statute provides that […]

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Annapolis, Maryland Estate Planning: Where to File a Will in Annapolis, Md. & Anne Arundel 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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Baltimore Attorney: Recovering Attorney Fees in Maryland

When considering civil legal action, a common question arises: “will I be able to recover my legal fees?” In Maryland, for most civil cases the answer is “no.” Maryland, like many states, follows the rule that requires each party pays their own legal fees regardless of who is victorious. There are some exceptions to this […]

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Columbia, Maryland Estate Planning: Where to File a Will in Columbia, Md. & Howard 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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Maryland Estate Planning: Benefits of Having a Durable Power of Attorney for Finances (Financial Power of Attorney, Power of Attorney, Durable Power of Attorney, Maryland Power of Attorney)

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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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Maryland Estate Planning: Important Documents Needed After Someone Dies

Upon the death of someone in Maryland either the Personal Representative (if there was a Will) or friends and family members will need to collect the important papers of the decedent. If a Will was created, and the individual followed sound advice, a list of these important documents could exist in a location that the […]

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Maryland Estate Planning: How Property is Held in Maryland

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When creating an estate plan it is important to understand how property (real estate) is owned. In Maryland, when more than one person will have an interest in the property, Title can be held by the parties in one of the following three ways. 1. Tenants in Common In this type of co-tenancy, each party […]

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Maryland Estate Planning: Avoiding Probate

The Probate Process For more on the Maryland probate process, read my blog post. Creating a Will without any other Estate Planning does not stop your estate from going through the probate process. Avoiding Probate Because probate can be a lengthy, costly and public process, many people choose to avoid it. There are a number […]

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Maryland Probate Attorney: The Maryland Probate Process

Each probate estate is unique, but most include the following steps: 1. File petition with the correct Maryland probate court 2. Notify the heirs under the Will, or the statutory heirs, if no Will exists 3. Petition to appoint the Executor (if there is a Will) or Administrator for the estate 4. Executor creates an […]

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Maryland Estate Planning: Selecting a Trustee

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Let’s start with the kinds of Trusts available to you. There are two general categories: • Testamentary Trusts, which are created under a Will • Non-Testamentary Trusts—Revocable (inter vivos) and Irrevocable Trusts—which are created outside of a Will The Testamentary Trust In the Testamentary Trust category, the Trustee you select begins to serve either during […]

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