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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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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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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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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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Chillum, 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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Severna Park, Maryland Estate Planning: File Your Will in Anne Arundel County, Md.

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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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