SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

Estate Planning Basics

Maryland Estate Tax vs. Inheritance Tax: What Is the Difference?

Maryland is one of only a few states in the nation that imposes both an estate tax and an inheritance tax. These are two separate taxes that can significantly impact what your family receives. Understanding the difference — and how to plan for both — is essential for protecting your legacy.

The Maryland Estate Tax

The estate tax is a tax on the total value of a deceased person’s estate before it is distributed to heirs. Maryland’s estate tax exemption is $5 million — meaning estates valued above this threshold are subject to Maryland estate tax at rates up to 16%. This is separate from and in addition to the federal estate tax exemption, which is significantly higher.

The Maryland Inheritance Tax

The inheritance tax is different — it is a tax on what individual beneficiaries receive, not on the estate as a whole. Maryland’s inheritance tax rate is 10% on the value of assets received. However, certain beneficiaries are exempt: spouses, parents, grandparents, children, grandchildren, siblings, and certain other close relatives pay no inheritance tax. The tax primarily affects more distant relatives and non-related beneficiaries.

How Both Taxes Can Apply Simultaneously

In a worst-case scenario, a large estate could be hit with both the estate tax on the overall estate value and the inheritance tax on distributions to non-exempt beneficiaries. Proper planning can minimize or eliminate both taxes through strategies like lifetime gifting, charitable giving, trust structures, and proper use of marital deductions.

Plan Ahead to Protect Your Family

Tax planning is a critical component of estate planning in Maryland. At SoMD Estate Planning, we help families understand their potential tax exposure and implement strategies to minimize it. Contact us for a free consultation to review your situation.

How Often Should You Update Your Estate Plan? Key Life Events to Watch For

Creating an estate plan is not a one-and-done event. Life changes, laws evolve, and your plan needs to keep up. But how often should you actually review and update your estate plan? And what events should trigger an immediate review?

The General Rule: Review Every 3 to 5 Years

Even if nothing major has changed, a review every three to five years ensures your plan still reflects your current wishes, accounts for any changes in Maryland or federal law, and remains properly funded if you have a trust.

Life Events That Require Immediate Updates

Marriage or divorce — Your estate plan should reflect your current marital status. In Maryland, divorce does not automatically revoke all provisions naming your ex-spouse. Birth or adoption of a child — Update guardianship designations and consider adding trust provisions for the new child. Death of a beneficiary or executor — If someone named in your plan passes away, update immediately. Significant change in assets — Buying a home, receiving an inheritance, or selling a business all warrant a review. Moving to or from Maryland — Estate planning laws vary by state. Changes in health — A serious diagnosis may prompt changes to your advance directive or trust provisions. Changes in tax law — Federal and Maryland estate tax thresholds change periodically.

What an Update Involves

Some updates are simple — like changing a beneficiary designation or updating an executor. Others may require creating new documents or restructuring your plan. In many cases, an amendment or codicil can update your existing documents without starting from scratch.

At SoMD Estate Planning, we make updates straightforward and affordable. If you have not reviewed your plan in several years — or if any of these life events have occurred — contact us for a review consultation.

Digital Assets and Estate Planning: Protecting Your Online Life

In today’s connected world, your digital life holds real value — from financial accounts and cryptocurrency to social media profiles and cloud-stored photos. Yet most estate plans completely ignore digital assets. Here is why that is a mistake and what you can do about it.

What Are Digital Assets?

Digital assets include email accounts, social media profiles, digital photos and videos, cryptocurrency and digital wallets, online banking and investment accounts, domain names and websites, loyalty program points, digital subscriptions, and cloud storage files. Many of these have real financial value, and all of them may contain information your family needs access to.

The Problem: Access After Death

Most online platforms have strict privacy policies that prevent anyone — even family members — from accessing accounts after a user dies. Without proper planning, your family may face a maze of legal procedures and corporate policies just to access your email or close a social media account, let alone manage financial accounts.

Maryland’s Revised Uniform Fiduciary Access to Digital Assets Act

Maryland has adopted this act, which provides a framework for fiduciaries — like your executor or trustee — to manage digital assets. However, the law generally defers to the terms of service of each platform, making advance planning even more important.

Steps to Protect Your Digital Legacy

Create a comprehensive inventory of all digital accounts and assets. Specify in your estate plan who should have access to which accounts. Use each platform’s built-in legacy or memorialization tools where available. Store access information securely — consider a password manager with emergency access features. Include digital asset provisions in your will or trust.

SoMD Estate Planning can help you incorporate digital asset planning into your overall estate plan. Contact us to get started.

Estate Planning in Charles County: What Local Families Need to Know

Charles County is one of the fastest-growing communities in Maryland, with families moving to Waldorf, White Plains, La Plata, and surrounding areas for the quality of life and proximity to the D.C. metro area. As the county grows, so does the need for accessible, affordable estate planning services tailored to local families.

Why Estate Planning Matters in Charles County

Charles County residents face the same Maryland estate and inheritance tax rules as the rest of the state, but local factors make planning especially important. Rising home values in communities like Waldorf and St. Charles mean that more middle-class families are approaching estate tax thresholds without realizing it. Additionally, many Charles County residents are federal employees or military personnel with complex retirement benefits that require careful beneficiary planning.

Local Probate Process

Estates in Charles County go through the Charles County Orphans’ Court and the Register of Wills office in La Plata. While the process follows Maryland state law, having a local attorney who understands the specific procedures and personnel at the Charles County courthouse can make the process smoother for your family.

Common Estate Planning Needs We See Locally

Young military families at Indian Head or Pax River needing guardianship provisions for children. Homeowners in new developments wanting to protect their growing equity. Federal employees needing to coordinate TSP and FERS benefits with their estate plan. Small business owners in the Waldorf commercial corridor planning for succession. Retirees in the county looking to protect assets and plan for long-term care.

Your Local Estate Planning Partner

SoMD Estate Planning is based right here in White Plains, at the heart of Charles County. We understand the community, the local legal landscape, and the specific needs of the families who live here. Whether you need a simple will, trust, or advance directive, we are your neighbors — and we are here to help. Contact us today for a free consultation.

What Is a Power of Attorney and Why Do You Need One in Maryland?

A power of attorney is one of the most practical legal documents you can create — yet many Maryland residents do not have one until it is too late. This document allows you to designate a trusted person to handle financial and legal matters on your behalf if you become unable to do so yourself.

Types of Power of Attorney in Maryland

Maryland recognizes several types of power of attorney. A general power of attorney gives your agent broad authority to manage your financial affairs. A limited power of attorney restricts authority to specific tasks or time periods. A durable power of attorney remains effective even if you become mentally incapacitated — which is the type most critical for estate planning purposes.

Why It Matters

Without a durable power of attorney, if you suffer a stroke, serious accident, or cognitive decline, your family would need to petition the court for guardianship or conservatorship. This process is expensive, time-consuming, and public. A power of attorney avoids all of that by putting someone you trust in charge from the start.

Choosing Your Agent

Select someone who is trustworthy, financially responsible, organized, and willing to act in your best interests. Many people choose a spouse, adult child, or sibling. It is also wise to name a backup agent in case your primary choice is unable to serve.

How It Works with Your Estate Plan

A power of attorney works alongside your advance medical directive and your will or trust to create a comprehensive safety net. Together, these documents ensure that both your healthcare wishes and financial affairs are managed according to your instructions.

SoMD Estate Planning can help you create a durable power of attorney tailored to your needs. Contact us for a free consultation.