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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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Maryland Probate: Personal Representative Moves Out of State

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What happens if you are the personal representative, aka executor, for a Maryland estate but then you move from Maryland to another state? The short answer is that you may quality to continue as the personal representative however you will need to file a request to appoint a Maryland resident agent. The resident agent must […]

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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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Owings Mills, Maryland Estate Planning: File a Will

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Maryland law allows Wills to be filed with the county in which you live. As an estate planning attorney who works in Owings Mills, I have encountered clients 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 […]

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I Found an Unsigned Maryland Will, What Now?

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A question was recently asked about what can be done if you find a Maryland will, of a family member, but the will is unsigned and it appears it may have been filed with the county. You should contact the clerk at the register of wills for the county in which the will was filed. […]

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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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