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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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Why You Should Talk to Your Parents About Estate Planning

Estate Planning

Estate planning is something many families are inclined to put off however careful planning for the future can protect property and assets, as well as loved ones. An estate plan is not simply a matter of drafting a will; it is also a kindness to the surviving family members because it can relieve stress, help […]

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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: Is a Living Trust a Good Idea?

A living trust is a written legal document that places assets in a trust which can still be used by the principle. Once the principle dies, the trust can be transferred to the designated beneficiaries. There are many benefits to creating a living trust. One reason to create a living trust is to avoid probate. […]

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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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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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How to Revoke a Maryland Will

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Before deciding to revoke a Will you should discuss the pros and cons with an experienced estate planning attorney. There are many good reasons to revoke a Will but this should almost always include replacing the Will with a new updated Will. Creating a new Will is an excellent way to revoke a prior Will. […]

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How Should My Maryland Will Provide for My Children?

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When your will is drafted you should designate a person, or people, who will serve as guardian if you and your partner both die while your child is a minor; in Maryland this is a child under the age of 18. Your will also gives you the opportunity to create trusts that will control how, […]

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