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Maryland Wills and Trusts: Beneficiary Designation vs. Will

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You took the responsible step and created an estate plan that includes a Will and Trust that will distribute your assets according to your wishes, protect your estate from certain Maryland state taxes and future legal fees, and preserve your assets for your children and grandchildren. You’re finished, right? Not exactly. Among the numerous other […]

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Germantown, Maryland Estate Planning: Where to File a Will in Germantown, Md. & Montgomery County

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You Live in Maryland and Have a Will? Good news. 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 […]

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Maryland Estate Planning Lawyer: Dying With Debt; What Happens to Debt When You Die?

Clients often want to know what will happen to their debt when they die. Will their loved ones still receive assets? Will their loved ones have to pay-off their debt? The answers to these questions depend first on whether the decedent’s estate is solvent or insolvent. A solvent estate is one where the assets of […]

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Maryland Estate Planning Attorney: When Does a Durable Power of Attorney for Finances Become Effective? (aka, Financial Power of Attorney, Power of Attorney, Maryland Power of Attorney)

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Having a Durable Power of Attorney for Finances, also called a Financial Power of Attorney, Durable Power of Attorney, or simply a Power of Attorney—allows an individual to act on your behalf. Having a Durable Power of Attorney for Finances is an important document if you own property or have income, investments, or expenses in […]

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Maryland Estate Planning: Benefits of Having an Advance Health Care Directive (aka Advance Directive)

It can be difficult to think about the care and treatment we may want in the event we are incapable and unable to make our own health care decisions. However, creating an Advance Health Care Directive (AHCD), also known as simply an Advance Directive, is important for all individuals over 18 years of age as […]

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Towson, Maryland Estate Planning Attorney: Where to File a Will in Towson, Md. & Baltimore County

You Live in Baltimore County, Maryland and Have a Will? Good news. 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 […]

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Maryland Estate Planning: Assets and Property That Avoid Probate by Operation of Law

With or without a Will, certain assets will pass outside the Will and probate by operation of law. Property that passes outside the Will generally avoids probate and can save administrative fees. However, the property value may still be included by the government in calculating your estate value for the purpose of estate tax. For […]

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Maryland Trust Attorney: Pot Trusts and Separate Trusts for Children

When creating an estate plan, parents with minor children need to give special consideration to the ways in which they can provide for their children. Testamentary Trust For many parents, creating a Testamentary Trust will achieve their objectives of ensuring their assets are passed along to their children in an efficient and responsible manner. Without […]

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Maryland Estate Planning: Validity of Powers of Attorney and the Maryland General and Limited Power of Attorney Act

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Is a bank or institution refusing to recognize your Power of Attorney? In a previous post I discussed the importance of having a Durable Power of Attorney for Finances (DPAF). But what do you do if someone refuses to recognize your DPAF? In 2010, the Maryland General and Limited Power of Attorney Act (the Act) […]

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Baltimore Estate Planning Attorney: Can a Spouse be Disinherited in Maryland?

“Can my spouse disinherit me?” “Can I disinherit my spouse?” Maryland Law & Spousal Election Under Maryland law, an individual may not disinherit their spouse. A spouse has a legal right to elect a share of a deceased spouse’s estate whether the surviving spouse was included in the Will or not. Maryland statute provides that […]

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