Maryland Estate Planning: Frequently Asked Questions

Do I need a will if I do not have much?

Probably yes. A will does more than divide property. It names the person who will administer your estate and, if you have minor children, nominates a guardian. Without one, Maryland’s intestacy statute decides who inherits and a court decides the rest.

Will or trust?

It depends on what you are trying to accomplish. A well-drafted will plus correct beneficiary designations serves many families well. A trust earns its cost when you want to avoid probate, keep matters private, own property in more than one state, provide for someone over time rather than all at once, or plan for incapacity. Anyone who tells you everyone needs a trust is selling something.

Is a handwritten will valid in Maryland?

Generally no. A will must be in writing, signed, and witnessed by two credible witnesses in your presence. An unwitnessed handwritten will is valid here only for someone serving in the armed services and signing outside the United States, and it becomes void one year after discharge.

What happens if I die without a will?

Maryland’s intestacy rules distribute your estate among relatives in a statutory order. People are frequently surprised by the result, particularly in blended families, and particularly when there is a surviving spouse together with children or parents.

Does a will avoid probate?

No. A will directs how probate assets are distributed; it is the instrument probate administers. Avoiding probate is done by titling and beneficiary designations, or by a trust. See probate and estate administration.

Who pays Maryland inheritance tax?

Close relatives are broadly exempt, including a spouse, children and other lineal descendants, parents, siblings and stepchildren. A collateral rate applies to others, so a bequest to a niece, nephew or friend has a different tax consequence than one to a child.

What if my will was made in another state?

It generally remains valid in Maryland if it was validly executed where it was made. It is still worth a review after a move, since the rest of the plan and the way your assets are titled may not translate as cleanly.

Who should I name as my agent?

Someone trustworthy, organized, and willing. For a power of attorney the agent handles money and property; for an advance directive they make medical decisions. They do not have to be the same person, and naming successors matters as much as naming the first choice.

How often should I update my plan?

Review it after marriage, divorce, a birth, a death, a significant change in assets, a move to another state, or a serious diagnosis. Otherwise every few years. The most common failure is not a badly drafted document but an outdated beneficiary designation that quietly overrides it.

I am getting divorced. Does that change my estate plan?

Yes, and it is routinely overlooked. A divorce does not automatically update every document naming a former spouse. Beneficiary designations, deeds, powers of attorney and advance directives all need review. See property and debt division.

What about a family member with a disability?

Leaving assets to them directly can end their means-tested benefits. A special needs trust is the tool that avoids this, and it needs the whole family’s plans pointed at it to work.

Talk with a Towson attorney

The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.