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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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Can a Will Be Signed or Changed By Someone with Dementia?

One common question we receive is whether a person with dementia may sign or update their last will and testament. For a will to be considered valid, the signee must have “testamentary capacity.” In other words, a person must be mentally competent enough to understand the implications of what they are signing. For a person […]

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Do I Need a Bond for the Personal Representative of my Maryland Estate?

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Whether or not you need a bond for your personal representative depends on your specific circumstances. Generally, a personal representative bond is a surety bond to protect the beneficiaries of the estate against fiduciary misconduct. If the bond is in the form of an insurance, then there also needs to be a power of attorney […]

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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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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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Happy New Year! Update Your Estate Plan?

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If your Will is several years old or you have experienced any life-changing events since your Will was created, such as marriage, divorce, the birth or death of a child, a child who is no longer a minor, a child who has since gotten married, a change in residence, or the death of anyone named […]

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How Much Does a Maryland Will Cost?

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Lawyers often charge on an hourly basis at rates that vary depending on the region of the country and experience of the attorney. Also, the thinking is that the estate planning needs of each person will be different therefore, the cost of a Will is affected by the amount of time it takes to review […]

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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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