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What Is a Surviving Spouse Entitled to Receive Under Maryland’s Elective Share Statute?

Maryland’s Elective Share Statute was designed to prevent a surviving spouse from being disinherited. House Bill 99, signed by Governor Hogan in 2019, expanded the assets included in calculating what a surviving spouse could inherit.   Under the previous bill, only probate assets were subject to the elective share statute. Under the augmented statute, non-probate […]

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What New Parents Need to Know About Estate Planning?

While assembling a new crib or changing diapers, estate planning is probably the farthest thing from your mind. However, life’s busyness does not diminish the importance of making sure your family has everything they need in case something unfortunate were to happen to you.   Where should you start?   Begin with your living documents. […]

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Common Maryland Deeds Described in Plain Language

A Deed is a legal document confirming ownership of a piece of real estate, such as land or a house. The three most common deeds in Maryland are a General Warranty Deed, a Special Warranty Deed, and a Quitclaim Deed.   In a General Warranty Deed the grantor (or seller) declares that the property title […]

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How Much Will the Court Allow For Funeral Expenses in Maryland?

Estate Planning

If you have been designated the personal representative of an estate, you probably know that you are responsible for making sure all funeral expenses are paid. However, you may not know what expenses fall under this category. According to Maryland law, within six months’ time, the personal representative of an estate is required pay expenses […]

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Letters of Administration for Foreign Small Estate in Baltimore City

If property is located in Baltimore, Maryland, and needs to be transferred via an estate opened in another state, a Foreign Proceeding must be opened. When a Foreign Small Estate is opened in Baltimore City the Register of Wills Office does not issue a Letter of Administration as they would in a regular Small Estate. […]

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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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What is Common Law Marriage and Does it Exist in Maryland?

Common Law Marriage is a framework for individuals who are legally married in certain states without actually being formally recognized as married by the state. Typically these laws refer to couples who have cohabitated, or lived together for a certain amount of years. The requirements to achieve this threshold is different from state to state. […]

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Maryland Estate Planning: How Do I Obtain Power of Attorney?

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In order to obtain power of attorney you must have the Principle decide the amount of power they wish to give. There are different types of power that falls into broad categories of Financial and Healthcare. For each of these powers to be granted, separate documents must be created. The General and Limited Power of […]

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Maryland Estate Planning: Where Should I Keep My Will?

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A Will is an important legal document that should be kept in a safe and secure location. There are many great options such as a safe deposit box, a personal safe in the house or even by your attorney. The Will needs to be in a place that is safe from theft and damage from […]

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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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