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Oxon Hill, Maryland Estate Planning: File a Will

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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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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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Clinton, Maryland Estate Planning: Where to File a Will in Clinton, Md. & Prince George’s County

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Clinton, Maryland Estate Planning: Where to File a Will in Clinton, Md. & Prince George’s County 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 […]

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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 Probate Lawyer: Initial Duties of a Personal Representative

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After an estate is opened in probate, through the Register of Wills, the Maryland Personal Representative must examine the decedent’s mail, financial records, safe deposit box, important documents and tax returns. It is the Personal Representative’s duty to determine how the property is legally titled by reviewing the ownership documents such as deeds and bank […]

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Baltimore, Maryland Estate Planning Attorney: How is a Will Affected by Marriage or Divorce?

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Under Maryland law a will is not affected simply by a subsequent marriage. But if a child born following that marriage survives the parent, they the will is revoked. A divorce automatically revokes the provisions of the will that pertain to your former spouse, but does not affect other provisions of the will. Thus the […]

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Maryland Power of Attorney & The Ability to Sell a Home

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I was recently asked whether a Maryland Power of Attorney can grant the Agent the ability to sell the home of the Principal. The Agent is the person who is given power to act on behalf of the Principal through the creation of a Power of Attorney document. The answer is: yes, it is possible […]

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Does a Maryland Will Have to be Notarized?

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No. Maryland Code, Estates and Trusts, does not require the notarization of a Will created in Maryland. An Advance Directive (aka, Health Care Directive, Advance Health Care Directive, Maryland Advance Directive) and Living Will (aka, Maryland Living Will) also does not require a notary seal in Maryland. As created by the 2010 Maryland General and […]

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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 Estate Planning: Selecting a Trustee

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Let’s start with the kinds of Trusts available to you. There are two general categories: • Testamentary Trusts, which are created under a Will • Non-Testamentary Trusts—Revocable (inter vivos) and Irrevocable Trusts—which are created outside of a Will The Testamentary Trust In the Testamentary Trust category, the Trustee you select begins to serve either during […]

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