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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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What Is a Surviving Spouse Entitled to Receive Under Maryland’s Elective Share Statute?

Maryland’s Elective Share Statute was designed to prevent a surviving spouse from being disinherited. House Bill 99, signed by Governor Hogan in 2019, expanded the assets included in calculating what a surviving spouse could inherit.   Under the previous bill, only probate assets were subject to the elective share statute. Under the augmented statute, non-probate […]

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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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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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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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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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