SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

Family Protection

Guardianship in Maryland: What Happens When No One Plans Ahead

When an adult becomes incapacitated without advance planning, or when minor children lose their parents without a will naming a guardian, the Maryland court system steps in through the guardianship process. Understanding how this works — and why you want to avoid it — is critical motivation for getting your estate plan in order.

How Court-Appointed Guardianship Works

In Maryland, guardianship proceedings begin when someone files a petition with the circuit court. The court investigates, may appoint an attorney for the alleged disabled person, holds hearings, and ultimately decides whether to appoint a guardian — and who that guardian will be. The process is expensive, can cost thousands of dollars, takes weeks or months, becomes part of the public record, and the outcome may not reflect what you or your loved one would have wanted. An advance directive and power of attorney prevent this entirely.

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

Estate Planning for Military Families at Pax River and Indian Head

Military families stationed at Naval Air Station Patuxent River, Naval Support Facility Indian Head, and Joint Base Andrews face unique estate planning challenges. Frequent moves, deployments, and military-specific benefits like SGLI and Survivor Benefit Plans require specialized planning that general templates simply cannot address.

Deployment-Ready Planning

Before any deployment, service members should ensure their estate plan is complete and current. This includes a valid will with guardianship provisions for children, advance medical directives, powers of attorney for both financial and healthcare decisions, and updated SGLI beneficiary designations. Military legal assistance offices provide basic wills, but for comprehensive planning — especially involving trusts and complex family situations — working with a dedicated estate planning attorney provides greater protection.

SoMD Estate Planning is proud to serve military families at Pax River, Indian Head, and throughout Southern Maryland. Contact us for a free consultation.

Special Needs Trusts: Protecting a Loved One Without Losing Government Benefits

If you have a child or family member with special needs, leaving them an outright inheritance could actually disqualify them from essential government benefits like Medicaid and Supplemental Security Income. A special needs trust preserves their eligibility while providing supplemental support for a better quality of life.

How a Special Needs Trust Works

A special needs trust — also called a supplemental needs trust — holds assets for the benefit of someone with a disability without counting those assets toward benefit eligibility limits. The trustee can use trust funds for expenses not covered by government programs: recreation, education, personal care items, travel, and more. The key is that the trust supplements rather than replaces government benefits.

Types of Special Needs Trusts

A third-party trust is funded by someone other than the beneficiary — typically parents or grandparents — and has no payback requirement to Medicaid. A first-party trust is funded with the disabled person’s own assets and must include a Medicaid payback provision. Each has different rules and applications depending on the situation.

Planning for a loved one with special needs requires specialized knowledge. Contact SoMD Estate Planning to discuss your family’s options.

How to Protect Your Children’s Inheritance from Being Spent Too Quickly

Leaving money to your children is natural — but have you thought about what happens if they receive a large sum before they are ready? Without proper planning, an inheritance can be spent impulsively, lost to creditors, or mismanaged.

The Risks of Outright Inheritance

If your will leaves assets directly to children, they receive them outright at age 18 in Maryland. A trust solves this by letting you set conditions — milestone distributions at ages 25, 30, and 35, or distributions only for education, healthcare, or a first home. A spendthrift provision prevents beneficiaries from pledging their inheritance as collateral and protects trust assets from creditors.

Want to learn more about protecting your children’s inheritance? Contact SoMD Estate Planning for a free consultation.

Estate Planning for Blended Families: Protecting Everyone You Love

Blended families — where one or both partners bring children from a previous relationship — face unique estate planning challenges. Without careful planning, assets may not pass as you intend, and family conflicts can arise during an already emotional time.

The Challenge: Competing Interests

In a blended family, your natural desire to provide for your current spouse can conflict with your obligation to your children from a prior relationship. Under Maryland intestacy law, if you die without a will, your spouse and children share your estate according to a formula that may not reflect your wishes. If your current spouse inherits your assets outright, there is no legal guarantee that those assets will eventually pass to your children.

Trusts: The Key to Protecting Everyone

A trust can be structured to provide for your current spouse during their lifetime while preserving the underlying assets for your children. For example, a QTIP trust or a life estate arrangement can ensure your spouse has income and housing security without depleting the inheritance intended for your kids.

Critical Steps for Blended Families

Have open conversations with your spouse about your estate planning goals. Review and update all beneficiary designations. Consider separate and joint assets carefully. Create clear, legally binding documents that leave no room for ambiguity. Consider whether a prenuptial or postnuptial agreement should coordinate with your estate plan.

Blended family estate planning requires extra care and attention. At SoMD Estate Planning, we have experience navigating these sensitive situations with compassion and precision. Contact us for a free consultation.