SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

Estate Planning Tips

Choosing the Right Executor for Your Will: A Practical Guide

Your executor — called a personal representative in Maryland — is the person responsible for carrying out the instructions in your will. Choosing the right person for this role is one of the most important decisions in your estate plan, yet many people make this choice without fully understanding what the job entails.

What Does an Executor Actually Do?

Your executor files the will with the court, inventories your assets, notifies creditors, pays outstanding debts and taxes, manages estate assets during probate, distributes assets to beneficiaries, files final tax returns, and provides accountings to the court. It is a significant responsibility that can take months to complete.

Qualities to Look For

The best executor is someone who is trustworthy and honest, organized and detail-oriented, financially responsible, willing to serve, available to dedicate the time required, and able to remain impartial if family dynamics are complex. While it does not need to be a family member, it should be someone you trust completely.

Can You Name a Professional Executor?

Yes. Some people choose to name an attorney, accountant, or professional fiduciary as their executor. This can be a good option if family dynamics are complicated, your estate is large or complex, or no suitable family member is available or willing.

Always Name a Backup

Always designate an alternate executor in case your first choice is unable or unwilling to serve when the time comes. Without a named backup, the court will appoint someone.

Need help choosing the right executor and structuring your will? Contact SoMD Estate Planning for personalized guidance.

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 for Newlyweds: Building Your Future Together

Congratulations on your marriage! While wedding planning may have consumed months of your attention, there is another kind of planning that deserves a spot on your newlywed to-do list: estate planning. It is not the most romantic topic, but it is one of the most meaningful ways to protect your new spouse and build a secure future together.

Why Estate Planning Matters Right After Marriage

Marriage changes your legal relationships in significant ways. In Maryland, your spouse does not automatically inherit everything you own — intestacy laws divide assets between your spouse, children, and potentially other family members. A will ensures your new spouse is fully protected.

Your Newlywed Estate Planning Checklist

Update beneficiary designations on all retirement accounts, life insurance policies, and bank accounts. Create or update your wills to reflect your new marital status and wishes. Execute advance medical directives naming each other as healthcare agents. Consider powers of attorney so your spouse can handle financial matters if needed. Review your insurance coverage to ensure adequate protection for both of you.

Combining Finances and Assets

As you merge your financial lives, consider how property ownership is titled. In Maryland, how you title property — whether jointly with right of survivorship or as tenants in common — directly affects what happens to that property if one of you passes away. These decisions should be made intentionally, not by default.

Start Your Marriage on Solid Ground

At SoMD Estate Planning, we offer affordable packages designed specifically for newlyweds and young couples. Contact us for a free consultation and check this important item off your newlywed list.

Estate Planning for Parents of Young Children: What You Cannot Afford to Skip

Becoming a parent changes everything — including your legal responsibilities. Yet many parents of young children in Southern Maryland have not taken the critical step of creating an estate plan. If something happened to you, who would raise your children? Without a plan, a court decides.

Naming a Guardian: The Most Important Decision

A will is the only legal way to name a guardian for your minor children. Without one, a Maryland court appoints someone — potentially not who you would have chosen. When choosing a guardian, consider who shares your values and parenting philosophy, and have a conversation with them before finalizing your plan.

Protecting Your Children Financially

Leaving money directly to a minor is not possible under the law. Setting up a trust within your estate plan allows you to name a responsible trustee, set conditions for distributions, and protect funds from being mismanaged. Life insurance is typically the cornerstone of financial protection for young families — term life is affordable and provides the safety net your children need.

Medical Directives Are Not Just for Seniors

An advance medical directive ensures your spouse or a trusted person can make healthcare decisions on your behalf without going to court. This is critical for young parents who may not have considered incapacity planning.

Start Protecting Your Family Today

Life with young children is busy — that is why SoMD Estate Planning uses technology to make the process faster, including remote consultations and digital document preparation. Contact us today for a free consultation tailored to families with young children.