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Baltimore Maryland Probate Attorney: What is considered the “Gross Estate” for Probate in Maryland?

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The Gross Estate includes all of the assets in probate and those that could potentially transfer outside of probate. For example, an insurance policy is included in the gross estate even if the policy is not payable to the estate. For a free, confidential conversation to discuss these and other estate planning matters, including probate […]

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Baltimore Estate Planning Attorney: Blind Testator Attestation (Signing Will)

There was a recent inquiry as to the signing requirements for a will when the Testator is blind. The will should be read to the Testator. The will should have a clause that allows another individual to sign on behalf of the Testator. After the will has been read and the Testator agrees to the […]

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Maryland Estate Planning Lawyer: Religious Proclamations in a Last Will & Testament

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A few clients have inquired about whether they can include religious “titles” and phrases, such as “O thou glory of glories” and recitals in their Last Will and Testament that proclaim faith and gratitude toward high powers, and parents. The simple answer is “yes” these can be included. The more complicated answer is in exactly […]

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Maryland Estate Planning Attorney: How Does a Trustee Resign?

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Typically a notarized letter of resignation signed by the current Trustee is sufficient. The Trust itself may also have a clause describing how a Trustee must resign. Once resigned the Trustee has resigned any successor Trustee would become the new Trustee unless the Trust specifies another method of appointing the new Trustee. For a free, […]

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Essex, Maryland Estate Planning Lawyer: Where to File a Will in Essex & Baltimore County

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Maryland law 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 final step in the Will creation process as it ensures safe keeping […]

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Baltimore Wills Lawyer: Can a Non-Resident Create a Will in Maryland?

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This is a question I receive from time-to-time from non-residents on extended stays in Maryland: can I create a Will using a Maryland attorney while I’m in Maryland, even though I live permanently in another state? The short answer is: No. You could have a Will made while in Maryland however the attorney creating the […]

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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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Maryland Estate Planning Attorney: What if a Trust Does Not Indicate Whether it is Revocable or Irrevocable?

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Under Maryland law, when a Trust is silent as to whether it can be revoked that Trust is usually found to be revocable. For a free, confidential conversation to discuss this and other estate planning matters, or to create your own estate plan, Trust and Will, contact Maryland estate planning attorney Stephen J. Reichert at […]

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Baltimore, Maryland Estate Planning Office: What Happens to Property Obtained After a Will is Created?

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Under Maryland Code, there is a presumption that a Will passes all property the testator owns at the time of her death. This includes all property acquired after the execution of the Will, unless the Will contains specific provisions to the contrary. For a free confidential conversation to discuss these and other estate planning matters, […]

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Maryland Estate Planning: What does “My descendants who survive me per stirpes” mean?

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When having a Will or Trust drafted, if you agree to include this language your assets will be distributed equally to your lineal descendants who are blood relatives or legally adopted. Your children will be the first to receive your assets. If any of your children die before you, the percentage of assets due to […]

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