Maryland Wills Trusts & Probate

Experienced Maryland Estate Planning Law Firm

Everyone should have a will and an estate plan. Without an appropriate plan, you have no control over the distribution of your assets, who will administer your estate, or who will care for your children and their inheritance. You place your assets, your children and your family at risk without proper planning. We help you create a plan that will protect and provide for your loved ones. It’s important to have, at the very least, the basic estate planning documents to protect you, and to help your family and heirs manage your affairs in the event of your illness, hospitalization, incapacitation, or death. A basic estate plan will provide:

  • Last Will & Testament or Trust
  • Healthcare Power of Attorney
  • Financial Power of Attorney
  • Advanced Directive/Living Will

Although death is inevitable, there may come a time when you are unable to manage your financial affairs or make your own medical decisions. It is imperative that you have the necessary documents to allow your most trusted friend or family member to help you with these important decisions. We can assist you with the preparation of the legal documents that you need to protect yourself and your estate in the event of illness or incapacitation. Contact our experienced Maryland estate planning attorneys today.

At the law firm of Frame & Frame, our dedicated advocates regularly assist clients throughout Maryland with a wide variety of estate planning needs, including but not limited to:

We make estate planning easy for you and your family with our proven 65 year Estate Planning 4 step process.  We also offer an easy way to keep your family informed with our proprietary ePlan365 tool.

ePlan365 Chart

View our Maryland estate planning video FAQs or download our guides below:

Estate Planning Attorney Assisting Clients in Maryland

Estate planning is a process that every resident of Maryland should consider. While many people assume that estate planning is not something you need to engage in until you are older, it is always a good idea to take steps as soon as possible to ensure that your assets are distributed in the manner that you desire, and that your children and other family members are protected in the event that you no longer can provide for them financially. We do not like to think about it, but accidents can happen, and it is important to be prepared.

A dedicated Maryland estate planning attorney at Frame & Frame can speak with you today about estate planning options and how to get started with creating trusts and protecting your assets.

  • Drafting a will;
  • Developing a healthcare power of attorney;
  • Developing a durable (financial) power of attorney;
  • Creating a living will;
  • Asset protection;
  • Medicaid planning;
  • Creating revocable living trusts;
  • Creating irrevocable trusts;
  • Creating special needs trusts;
  • Estate administration; and
  • Probate.

Estate planning can be a complicated process, especially when you have significant assets that you want to protect. Whether you have questions about planning for your family’s needs years or even decades in advance, or learning more about Medicaid planning if you are nearing retirement, it is important to discuss your situation with a Maryland estate planning attorney. An advocate at our firm can answer your questions today.

Estate Planning and Maryland Taxes

It is particularly important for Maryland residents to learn more about estate planning since our state has both an estate tax and an inheritance tax. Why does this matter? In brief, many other states simply tax based on either system as opposed to both. As such, a Maryland resident’s exposure (and that of her relatives) to taxation through estate and inheritance can be complicated and substantial. If you are planning to leave assets to your family members and to organizations that you support, you may need help learning about ways to minimize liabilities under these two systems of taxation.

Trusts and Other Estate Planning Matters

Many people do not understand the difference between a Will and a Trust, or unknowingly, may think that one costs substantially more than another. While many people think that a Will can serve their needs, there are many situations where a client would be much better served by a Trust. We work with you to understand your specific situation and make recommendations on which tool would best serve your unique needs.

For example, many younger families postpone the estate planning process and yet, their affairs are often significantly more complicated. With minors, in particular, the needs of your children must be considered during the estate planning process to determine if a will or trust would better serve your family’s needs.

In some cases, individuals have children with special needs for whom they will have to set up a particular type of trust. In other situations, a Maryland resident simply may want to establish a trust to help children and other family members to pay for college or other necessary educational expenses.

Given that there are many different kinds of trusts, it is important to seek advice from an estate planning lawyer. You want to ensure that the trust you establish is the right one for your loved one’s needs and that it will function in the way you intend.

Estate Planning FAQ’s

Top Reasons Why You Need a Will?

1. You determine how your estate is distributed:
A Will is a legally binding document that allows you to direct who receives your assets upon your death. You may leave your assets and property, both real and personal, to anyone you choose, subject to certain statutory rights of a surviving spouse. Without a Will, the law determines how your assets are distributed. For example, when a person dies without a Will and has no spouse and no minor children, their estate is divided equally between the deceased person’s adult children and his/her surviving parents. This may not be how you want your estate to be distributed among your heirs.

2. You decide who will handle your estate:
Probating and settling an estate can be a very complex task. You want someone who is honest, responsible and well organized to handle your estate matters. In your Will, you name a Personal Representative, or Executor, to probate your estate and to ensure that your assets are distributed according to your wishes as stated in your Will. Your Personal Representative is responsible for opening the estate, filing an inventory of the estate assets, paying debts or claims of the estate, managing or selling real property in the estate, filing tax returns on behalf of the estate, and making the final distributions from the estate, just to name a few. If you do not have a Will, the Court will appoint a person to handle your estate. That person may not be the person that you would have chosen and could, in fact, be one of your creditors.

3. You decide who will care for your minor children:
If you have minor children under the age of eighteen (18), you will want to name a guardian and trustee or custodian for your children. The guardian is the person with whom your child will live and who will care for your child on a day to day basis. The trustee or custodian is the person who will hold and manage the child’s inheritance until such time as the child reaches an appropriate age, determined by you and stated in your Will. The guardian and trustee or custodian may be the same person but does not have to be. In certain instances, the person who will best care for your child may not be the best person to manage their money.

4. You can set up a trust for minor children or special needs children:
If you have children under the age of 18 or a special needs child, you may want to consider including a trust. A special needs child who is receiving governmental benefits may lose those benefits if they receive an inheritance directly from your estate. Additionally, a minor child would receive their share of the estate upon reaching the age of 18 (the age of majority in Maryland). A young adult may not be responsible for handling and managing large sums of money and you may want to spread the distribution out over several years or throughout the child’s lifetime. You can appoint someone, called a Trustee, who will hold and manage the child’s money for them. You can instruct that the funds be used strictly for certain purposes, such as college or the purchase of a house.

5. You can disinherit family members:
Unfortunately, there are instances when you do not want certain heirs to inherit your property or funds. If an heir is subject to judgments, has filed for bankruptcy or is receiving government benefits, you may choose not to include that person in your will. There may be an estranged child that you do not want to receive part of your estate. In your Will, you have the right to leave your estate to whomever you choose and might include provisions to avoid having your Will challenged by an heir.

6. You can avoid arguments and hostility among family members:
When you have a Will, you make your intentions clear. You state who you want to handle your estate, how the funds are to be distributed and when and on what conditions those distributions take place. Without a Will, there can be arguments among family members as to who gets what and who should be responsible for opening and handling the estate. A Will can avoid many arguments and misunderstandings among family members by clearly stating your wishes.

7. To give you peace of mind:
You will have greater peace of mind knowing that your family is taken care of when you are no longer here to care for them. By having your estate plan in place, you take away some of the stress placed on your family, who will already be going through an extremely emotional and difficult time.

Can Anyone Contest My Will?

In order to contest or challenge a provision in a Will, the person contesting or objecting must have “standing.” This means that either they are named as a beneficiary in the Will or they would stand to inherit from the estate if the Will were declared invalid or if the decedent died intestate (without a Will).

If a person has standing, then they must have a basis upon which to object to or contest the Will. One common reason for contesting a Will is if the testator (the person who wrote the Will) was incompetent at the time that the Will was executed. If the decedent did not understand what they were signing or had been declared incompetent prior to signing the Will, then the Will may be voided in its entirety or in part. If the Will is declared null and void, then the most recently executed Will controls. If there is no previous Will, then the estate is distributed as if there is no Will, in accordance with the laws of intestacy in Maryland.

If a person has been diagnosed with advanced dementia or Alzheimer’s disease, more than likely they were not competent to sign a legal document, such as a Will, and the Will can be declared void. Another ground for challenging a Will is if the testator was unduly influenced or persuaded to write their Will in a certain way. Often elderly people are taken advantage of by neighbors or relatives who are manipulating the testator at a time when they are vulnerable and easily influenced. This ground is often difficult to prove.

A second common basis for contesting a Will is when a spouse is disinherited. In Maryland, a surviving spouse is entitled to receive a portion of the estate and has a right to contest or caveat the Will to request their statutory share. A Will contest can be very expensive. Often times the litigation can use up the funds that would have otherwise been distributed from the estate, as the legal fees paid to the attorney representing the estate are paid from the estate assets. When a Will includes a special provision, called a “no contest clause,” if a person named in the Will challenges the Will and is unsuccessful in overturning the Will, they inherit nothing. A Will contest can bankrupt an estate, so you should consult an experienced estate planning attorney to review all of your circumstances and prepare an estate plan best suited for your needs to avoid Will contests.

Why do I Need a Power of Attorney?

A Power of Attorney is one of the most important documents that you should have and one should always be part of your estate plan. In the event that you have an accident, or are otherwise incapacitated, and you are unable to manage your financial affairs, you should appoint a person who you trust to manage your financial affairs for you. A Power of Attorney can be a temporary document, such as if you leave the country for a period of time, or it can be a long-term document, whereby your Power of Attorney manages your financial affairs if you become incompetent or are otherwise unable to take care of your affairs on your own. Your Attorney-in-Fact (Power of Attorney) can write checks, pay bills, file tax returns, manage property, file suit on your behalf, manage investment accounts and take any other actions that you could if you were not incapacitated. If you are disabled or rendered incompetent and do not have a Power of Attorney, a guardianship would need to be filed with the court and the court would appoint a guardian to manage your affairs for you. The person appointed may or may not be the person that you would have chosen and the process can be lengthy and very expensive. The costs of a guardianship proceeding is paid from your money or assets. A Power of Attorney can save you and your estate thousands of dollars.

Is a Trust Right for You?

Although not everyone needs a trust, a trust is a very useful estate planning tool and should be considered. Just a few of the benefits of a trust are:

  • PRIVACY: A trust is private and confidential. Unlike a Will, a trust is not filed with the court. When an estate is opened, your will gets filed with the court and becomes public record. Additionally, your entire estate and assets are inventoried and reported to the court. The public has access to your estate documents, the value of the estate and how it was distributed. A trust, on the other hand, is completely private. It is not a public document and only the trustee and the beneficiaries are entitled to information about the trust.
  • FLEXIBLE: A trust is a living document, especially a revocable trust. You, as the trustee, may modify and change your trust as your circumstances change. You have the right to amend or terminate a revocable trust at any time.
  • CONTROL: A trust provides greater control of your assets after death. Unlike a will, which has certain limitations, you can control your assets even after death with a properly prepared trust. A trust gives you the ability to direct how your assets are used and to whom they are distributed for as long as you direct. You can put conditions on distributions and you can direct that property or money held in trust only be used in certain ways and for certain purposes.
  • AVOIDS PROBATE: Having a trust avoids probate, as it is not filed with the court and, if all of your assets are held in trust, there would be no estate to probate. Nevertheless, you still need a Will to ensure that any other property held in your name is added to the trust and distributed according to the trust documents. This is commonly referred to as a “Pour Over Will.”
  • IMMEDIATE ACCESS TO FUNDS: When a person dies and their assets are held in a trust, the trustee (or successor trustee if the decedent was the trustee) may make immediate distribution of the trust assets in accordance with the trust document. If assets are passing through a Will and going through probate in Maryland, the estate may not make distribution for at least six (6) months and, only then, upon approval of the court.

CAUTION: A trust is only effective if it is property funded, which means that all property must be transferred to the trust.

As part of our services, when preparing a trust we assist with the transfer of all assets to the trust to ensure that it is property funded in order to accomplish the goals and purposes of the trust.

Do I Need a Healthcare Power of Attorney or Living Will/Advanced Directive?

You may say, “I trust my doctor, so why do I need one?”

A Healthcare Power of Attorney is a form that designates an agent to make health care decisions for you in the event you are unable to make your own decisions. Without an agent, a doctor would most likely turn to whichever family member is present and ask for consent for the procedure they recommend. If that family member does not know your wishes then they could deny treatment that you would have wanted or consent to treatment that you would not have wanted.

Living wills, also called Advanced Directives, determine what, if any, life sustaining medical procedures you wish to have in three situations:

  1. When your death from a terminal condition is imminent, despite the application of life-sustaining procedures;
  2. You are in a condition of permanent unconsciousness, called a persistent vegetative state; and
  3. You have an end-stage condition, which is defined as: a.) a condition that is advanced, progressive, and irreversible; b.) which has caused severe and permanent deteriorationas evidenced by both incompetency and complete physical dependency (unable to perform activities of daily living independently); and c.) to a reasonable degree of medical certainty, treatment of the irreversible condition would be medically ineffective. Examples of an end-stage condition could be advanced Alzheimer’s disease or rend-stage renal disease.

A prime example of what can happen when a person does not have a Living Will/Advanced Directive is the case of Terry Shiavo, a woman in an irreversible persistent vegetative state. Her husband (and legal guardian) and her parents fought in court for over 15 years regarding her end-of-life care and what she would have wanted. Had she had a Living Will/Advanced Directive, more than likely, there would have been no legal proceedings.

If you do not have a Living Will/Advanced Directive, then your healthcare provider will provide you with medical care that THEY believe is in your best interest, even if it is not something you would have chosen. A Living Will/Advanced Directive is effective even when photocopied and is portable, meaning that you should have it filed with all of your doctors, hospitals, and medical providers who will render you treatment. You should carry this document with you in your vehicle and on vacation, in the event of an emergency.

What are the powers and duties of my executor?

Under Maryland law, a personal representative is responsible for the following:

  1. Probate the Will, and any codicils, with the Register of Wills, obtaining a federal tax identification number to open an estate account and hiring the appropriate professionals to assist him/her.
  2. Ascertaining and appraise all assets of the estate.
  3. Paying the debts of the estate.
  4. Arranging for safekeeping of personal property.
  5. Managing assets, collecting life insurance proceeds and retirement distributions.
  6. Filing tax returns and paying the required income inheritance and/or estate taxes.
  7. Filing the necessary pleadings with the Register of Wills, including Petition to open the estate, Inventory and Administration Accounts.
  8. Distribute assets of the estate to the appropriate beneficiaries, account for all estate assets and expenses and close out the estate.

A personal representative is entitled to receive compensation, or commissions, for the work that they perform on behalf of the estate. The maximum allowable commissions in Maryland is 9% of the first $20,000.00 plus 3.6% of the assets in excess of $20,000.00. A personal representative has the right to waive commissions. If the personal representative hires an attorney to assist him/her with the handling of the estate, the attorney is paid from the allowable commissions. A personal representative is a fiduciary and has a fiduciary duty to the estate. This means he/she has an obligation to do what is best for the estate and to protect the assets for distribution to the heirs. The personal representative is prohibited from self-dealing or commingling estate assets with his personal assets. If a personal representative has breached his fiduciary duty to the estate, he can be held personally liable to the estate or the beneficiaries for any losses.

It is important that you choose a responsible and trustworthy person to act as your personal representative or executor, as improper handling of the estate assets can lead to expensive probate litigation and can destroy family relationships in the process.

I'm the personal representative in a will contest. How much is this going to cost the defense and also the plaintiff?

The answer to your question depends on many factors, especially the complexity of the issues involved. Estate litigation can be very expensive to both parties. Generally, though, the contesting party pays for their attorney’s fees and expenses from their own resources, whereas attorney’s fees for a Personal Representative who is defending a will or an estate may claim those fees and expenses as an estate expense. In most cases, the Personal Representative is not personally responsible for those attorney’s fees. A word of caution, make sure to get prior approval from the Court before paying any attorney’s fees or expenses in defending the litigation. Generally, this can be done by filing a Motion with the Orphan’s Court requesting approval to retain an attorney on behalf of the estate. It is the duty of the Personal Representative to preserve and protect the estate assets for the benefit of the heirs or legatees and it may be a breach of that fiduciary duty not to defend the estate. As your case may involve these complex issues, I strongly suggest that you hire an attorney who handles estate and probate administration and litigation.

In private process of service can divorce documents be served at the person's work place?

Pursuant to Maryland Rules of Civil Procedure section 2-121, the Defendant must be served in person. A person over the age of 18, other than yourself, may deliver the pleadings to him at any place, including his home or workplace. He may also be served by leaving a copy of the summons, complaint, and all other papers filed with it, at the individual’s dwelling or usual place of abode with a resident of suitable age and discretion. Lastly, he may be served by sending the pleadings to him by certified mail, restricted delivery, meaning that he would have to sign for the certified mail. Once he has been “served” by one of these methods, an Affidavit of Service would be filed with the Court advising the Court as to how and when the Defendant was served. At that point, the burden is on him to respond accordingly.

Family law will?

I am not sure what the question is, but if there is a will and the decedent owned assets in his/her name at the time of death, then, more than likely, an estate must be opened in the county where the decedent was domiciled. The assets are inventoried and eventually an accounting is filed with the Register of Wills, showing all assets, all expenses and how the net assets are to be distributed (either by a will or by law). Once approved by the Court, the assets are distributed by the Executor of the estate and the estate is then closed. I recommend that you consult with an experienced attorney who handles probate and estate administration to assist you with this.

I have been out of work for 5 months. I work for a car dealer. I suffered a concussion, bulging disc in my back, and neck pain.

You should consult an experienced workers’ compensation attorney immediately if your injury occurred at work. In order to request medical treatment that has been denied by the Insurer or Employer, a hearing must be requested with the Workers’ Compensation Commission and a Commissioner will review the medical records and your testimony to determine if you are entitled to additional treatment. If so, you may also be entitled to benefits for your time lost from work. If you are unable to return to your previous employer because of the injury, you may also be entitled to vocational rehabilitation to find you another job within your physical restrictions or retrain you for another type of job. This is all assuming that this is a compensable workers’ compensation claim.

Is 50% the most that I give up in assets in Divorce in Maryland?

In divorce cases, the court must divide the marital assets fairly and equitably. In most cases, unless there are extenuating factors, this will mean a 50/50 split of the assets. Keep in mind that a distribution of the marital assets, i.e. house, cars, bank accounts, retirement account, personal property, etc., does not include any claim for alimony or claim for child support, which are separate issues. Alimony may be awarded in addition to a 50/50 division of the marital assets in the event that one of the parties is unable to support themselves or needs some time to get back into the job market after being unemployed for a significant period of time. In that case, the court takes into consideration 12 factors to determine whether alimony is appropriate, one of which is the assets or resources available to the party claiming alimony. The court will then calculate child support , if there are minor children involved. It would be wise for your to consult a family law attorney to discuss the specific facts of your case.

How do I put my deceased parents house in my name…been to probate court, am sole descendant, house is paid for, what do I do?

If you have already filed a final account with the Register of Wills showing distribution of the real property to you as the beneficiary under the will and the account has been approved by the Orphan’s Court, then it is time for you to transfer the property from the estate to you. You should contact either an estate/probate attorney or a real estate attorney. Either should be able to prepare a deed transferring the property from the estate to you as the sole heir and beneficiary.

How Can I Get Back My Car From My Ex-Husband?? I Have Title In My name, Registered In My Name, loan Was In My name.

I suggest that you send your ex-husband a written demand requesting that he return the car to you within a certain amount of time. If he does not return it, then a Request for Writ of Replevin (action to recover goods that are being wrongfully withheld) filed in the District Court would be appropriate under the circumstances.

The answer to your question depends on many factors, especially the complexity of the issues involved. Estate litigation can be very expensive to both parties. Generally, though, the contesting party pays for their attorney’s fees and expenses from their own resources, whereas attorney’s fees for a Personal Representative who is defending a will or an estate may claim those fees and expenses as an estate expense. In most cases, the Personal Representative is not personally responsible for those attorney’s fees. A word of caution, make sure to get prior approval from the Court before paying any attorney’s fees or expenses in defending the litigation. Generally, this can be done by filing a Motion with the Orphan’s Court requesting approval to retain an attorney on behalf of the estate. It is the duty of the Personal Representative to preserve and protect the estate assets for the benefit of the heirs or legatees and it may be a breach of that fiduciary duty not to defend the estate. As your case may involve these complex issues, I strongly suggest that you hire an attorney who handles estate and probate administration and litigation.

Contact an Experienced Maryland Estate Planning Attorney

Meeting with an estate planning attorney can help you and your family plan for the future.  Contact Frame & Frame today to learn more about how we can help with serve as your legal guide for thoughtful planning or during times of crisis.

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