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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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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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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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Olney Maryland Estate Planning & Will Filing

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As an estate planning lawyer, I encounter clients in Maryland who 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 quick access to your Will by the court that will handle probate for your estate. […]

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Maryland Trust for Individual With Special Needs

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Parents of a child with special needs have unique concerns when planning for their child’s welfare after the parents have passed away. Important practical and legal decisions need to be made to determine how and in what manner the needs of the child will be met. Careful consideration—including benefit implications—needs to be given when considering […]

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Baltimore, Maryland Estate Planning Lawyer: How Can a Revocable Living Trust be Terminated?

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With a true Maryland revocable living Trust, the Trust can be dissolved. You should have an attorney review the provisions in the Trust so that termination is done correctly. The Trust will provide the basis and steps for termination but where the Trust is silent Maryland law will apply. This should not be an expensive […]

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Aspen Hill, Maryland Estate Planning Attorney: File Your Will in Aspen, 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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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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