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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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Maryland Estate Planning for Pets: Pet Trusts

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I occasionally have clients inquire about making estate planning provisions for their pets. Under Maryland law this can be accomplished with the right estate plan. You can make provisions for your pet within your Maryland Last Will and Testament. Another approach is to create a Maryland Pet Trust. This type of trust is created specifically […]

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What Death Taxes are Payable in Maryland?

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Both the federal and state governments impose taxes upon the property/estate of a decedent. A federal estate tax with graduated rates is imposed on all property interests that the decedent owned at the time of death. The federal estate tax applies to probate assets and also to non-probate assets. For example, joint property and insurance […]

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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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Are Maryland Wills Public Records?

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Wills of living persons in Maryland can be filed with the Register of Wills for the county in which the person lives. The wills are held for safekeeping by the Register of Wills but they are not part of the public records. In the State of Maryland you may not review the Will of a […]

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Making Anatomical Gifts With a Maryland Will

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A will may include specific directions for your funeral or cremation and the disposition of your body. Because your will may not be reviewed immediately after death such directions should be communicated to family members, and contained in other documents, so they are aware of your wishes at the time of your passing. If you […]

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Maryland Estate Planning: Creating Estate Planning Documents such as Wills, Trusts, Durable Powers of Attorney & Advance Directives

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Here are some good questions to ask an attorney when you are considering hiring that attorney to create an estate plan for you. These are questions that are sometimes asked of me and I have included my answers after each question. “How do you draft your estate planning documents?” I begin by learning what you […]

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Maryland Estate Planning Lawyer: Does a Maryland Will Dispose of All Assets?

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No. A Will addresses only asserts that will pass through Maryland probate. These include assets that belong to you only and are not shared with another person. If property is owned jointly with another individual than that property may not be considered probate property. For example, if your house is titled as “joint owners with […]

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Baltimore, Maryland Estate Planning Attorney: Can a Will be Changed or Modified Years After it Was Created?

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You can change your will at any time by signing an amendment known as a “codicil” or by having a new will prepared. Either a codicil or a new will must be executed with the same formal requirements under Maryland law as the original will. You should not attempt to change your existing will by […]

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Baltimore, Maryland Estate Planning Attorney: How is a Will Affected by Marriage or Divorce?

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Under Maryland law a will is not affected simply by a subsequent marriage. But if a child born following that marriage survives the parent, they the will is revoked. A divorce automatically revokes the provisions of the will that pertain to your former spouse, but does not affect other provisions of the will. Thus the […]

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