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Maryland Probate: When a Decedent’s Home is in a Revocable Trust, but the Car is Not

Many Maryland families create revocable living trusts to avoid probate and the estate administration process. If the family home is transferred into a trust by a property deed, the trustee can typically manage or sell the property without court involvement and the oversight of the Register of Wills. Problems can arise when other assets, especially […]

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Can a Non-United States Citizen Serve as a Trustee for a Maryland Trust?

The short answer is yes. Maryland law does not require that a trustee to be a U.S. citizen. According to the Maryland Trust Act, there are only four requirements for a person to qualify as a trustee: They must be 18 years of age, willing to accept the appointment, competent to act within the role, […]

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Which Assets Should You Leave Out of Your Revocable Trust in Maryland?

A revocable living trust is a powerful way to simplify the probate process for your surviving loved ones. If properly structured, a trust can enable your property to bypass probate in Maryland, which can save time and reduce costs.   Most revocable trusts include a variety of assets, including real estate or investment properties, bank […]

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Trustee Resignation Made Easier by The Maryland Trust Act

Under the Maryland Trust Act, which governs the administration of trusts in the state of Maryland, trustees will soon find it easier to resign from their duties. Beginning October 1, 2025, a Trustee may resign simply by submitting a written 30-day notice, informing beneficiaries, the creator of the trust (if still living), and any co-trustees. […]

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May a Personal Representative or Trustee Demand a Release?

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Yes, a Personal Representative may demand a release in the absence of a state statute that says otherwise. Generally, the Maryland Court of Appeals has decided that so long as the release is not written in such a way as to be one-sided or impermissibly favors the trustee’s interest over the beneficiaries, releases that absolve […]

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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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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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Formal Requirements for a Valid Will in Maryland

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Under Maryland law you must sign your will and two or more witnesses must sign the will in your presence. There are also formalities on informing the witnesses as to what you are signing though they are not required to read and understand the contents of the will. Each witness must be at least 18 […]

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What Death Taxes are Payable in Maryland?

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Both the federal and state governments impose taxes upon the property/estate of a decedent. A federal estate tax with graduated rates is imposed on all property interests that the decedent owned at the time of death. The federal estate tax applies to probate assets and also to non-probate assets. For example, joint property and insurance […]

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