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Category Archives: Estate Planning Potomac Maryland

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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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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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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Baltimore, Maryland Estate Planning Attorney: Can a Will be Changed or Modified Years After it Was Created?

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You can change your will at any time by signing an amendment known as a “codicil” or by having a new will prepared. Either a codicil or a new will must be executed with the same formal requirements under Maryland law as the original will. You should not attempt to change your existing will by […]

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Maryland Estate Planning Attorney: How Does a Trustee Resign?

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Typically a notarized letter of resignation signed by the current Trustee is sufficient. The Trust itself may also have a clause describing how a Trustee must resign. Once resigned the Trustee has resigned any successor Trustee would become the new Trustee unless the Trust specifies another method of appointing the new Trustee. For a free, […]

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Potomac, Maryland Estate Planning Lawyer: File Your Will in Potomac, Md. & Montgomery County

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Maryland 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 safe keeping and […]

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Maryland Estate Planning Attorney: What if a Trust Does Not Indicate Whether it is Revocable or Irrevocable?

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Under Maryland law, when a Trust is silent as to whether it can be revoked that Trust is usually found to be revocable. For a free, confidential conversation to discuss this and other estate planning matters, or to create your own estate plan, Trust and Will, contact Maryland estate planning attorney Stephen J. Reichert at […]

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