SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

Estate Planning Tips

How to Avoid Probate in Maryland: 5 Proven Strategies

Probate in Maryland means court oversight, public records, potential delays, and additional costs for your family. The good news is that with proper planning, most — or even all — of your assets can pass to your loved ones without going through probate. Here are five proven strategies Maryland families use to avoid the probate process.

Strategy 1: Revocable Living Trusts

The most comprehensive approach is transferring assets into a revocable living trust. Assets held in a trust pass directly to beneficiaries without court involvement. Other strategies include joint tenancy with right of survivorship for real estate, payable-on-death designations on bank accounts, transfer-on-death registrations for securities, and proper beneficiary designations on retirement accounts and life insurance policies. Each strategy has advantages and limitations — the best approach uses multiple strategies together.

At SoMD Estate Planning, we provide personalized guidance tailored to your specific situation. Contact us for a free consultation.

The Importance of Naming Beneficiaries — And the Mistakes to Avoid

Beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts override your will. A single outdated form can undo even the most carefully crafted estate plan.

Common Beneficiary Mistakes

Naming an ex-spouse and never updating. Naming a minor child directly. Naming no beneficiary, causing probate. Failing to name contingent beneficiaries. Not coordinating with your overall plan. Review all designations annually and after every major life event. Consider naming your trust as beneficiary for greater control.

A comprehensive beneficiary review is part of every estate plan at SoMD Estate Planning. Schedule your free consultation today.

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.