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Ways to Avoid Disputes Over Family Heirlooms

Family heirlooms can create problems among family members after a loved one has passed away. Even if the deceased had a will or trust in place, these documents may not address specific items, leaving family members the task of dividing up heirlooms fairly. This post explores ways to avoid disputes over family heirlooms.   If […]

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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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Are My Maryland Health Care Directives Valid in Another State?

While most states make provisions for accepting health (or advanced) care directives from other states, some states only do so with states having similar legal requirements. Some states may use different terminology around what health care directives mean. Requirements pertaining to life support procedures, for instance, can differ from state to state. While it is […]

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Remote Notarization of Documents in Maryland

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Governor Larry Hogan issued an Executive Order that waives the requirement of in-person notarization of documents, thereby authorizing remote notarization of documents during the COVID-19 emergency in Maryland. Release from the Office of the Secretary of State: Effective March 30th, Governor Hogan ordered the in-person requirement for notarizing documents in Maryland is temporarily waived for […]

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For How Long is a Maryland Will Valid?

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As a general rule, a will governs the distribution of assets only after the testator dies. Any changes to a will that are made during the testator’s lifetime will be valid. A will is not active until the owner of the assets passes. For example, if a testator wills her home to her son, but […]

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Does the Personal Representative of a Will Have to be a Maryland Resident?

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The Personal Representative does not need to be a Maryland resident. However, a Maryland resident must act as the agent of the Personal Representative. Typically this is a lawyer who is familiar with the laws and the Will. This individual has to be appointed at the beginning of the process. But anyone can be appointed […]

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Carney Maryland Estate Planning Attorney and Will Filing

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Maryland law allows Wills to be filed with the county in which you live. As an estate planning attorney who works in Carney, I have encountered clients 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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Owings Mills, Maryland Estate Planning: File a Will

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Maryland law allows Wills to be filed with the county in which you live. As an estate planning attorney who works in Owings Mills, I have encountered clients 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 […]

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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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