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What is the Role of a Personal Representative?

A Personal Representative (aka executor) is a person appointed in an estate plan, or, when there is no will, appointed as a matter of law or by the court. This role involves ensuring that the decedent’s wishes are fulfilled when distributing assets, as well as managing the decedent’s affairs, including paying taxes and other bills. […]

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What Happens to Your Mail After You Die?

Unless the Post Office is informed of a person’s death, mail will continue to be delivered to the decedent’s address. If you are the Personal Representative (or Executor), it will be necessary to continue receiving mail until all financial or business matters have been settled. However, a time will come when you will want to […]

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What Are the Inheritance Rights of Adopted and Step-Children in Maryland?

In the state of Maryland, adoptive children lose all inheritance rights from their biological parents but gain full inheritance rights from their adoptive parents. If an adopted child is left out of a will, Maryland’s intestacy laws are used to determine the adoptive child’s share.   Step-children do not acquire inheritance rights from their adoptive […]

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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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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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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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Eldersburg, 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 Carroll County, 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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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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