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Best Ways to Preemptively Avoid a Will Contest

While anyone can contest your will after you have passed away, there are several things you can do to prevent them from succeeding.   The first and best way to avoid a will contest is to establish a trust. This is the most common way to avoid probate and to make contesting a will difficult. […]

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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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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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Adding Spouses to the Deed of a Bequeathed Property

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The deceased bequeaths house to family member in their will. The family member wants to add their spouse to the deed as Tenant by Entireties (T by E). The best way to handle this situation is to draft and file separate deeds, showing the clear chain of title. The reason for this is that there […]

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Record Your Will & College Park, Maryland Estate Planning

Maryland, unlike many states, allows Wills to be filed with the county in which you live. As an estate planning attorney, I have encountered clients in Maryland 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 ensures […]

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Who Can Obtain a Living Person’s Will in Maryland?

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In Maryland if the Will has been filed with the Register of Wills county office (or city office if in Baltimore) only the testator—the person who created the Will–or someone who has written permission signed by the testator can withdraw a Will from safekeeping. Proper identification is required by the clerks in the Register of […]

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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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