SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

Wills

Why Online Wills Can Be Risky: What Maryland Residents Should Know

The appeal of online will-making services is understandable — they are fast, cheap, and convenient. But for Maryland residents, relying on a generic online template can create serious legal problems that may not surface until it is too late for anyone to fix them.

The Problem with One-Size-Fits-All Templates

Maryland has specific requirements for will execution, including proper witnessing. Many online templates do not account for Maryland-specific rules, potentially invalidating the entire document. They also cannot address complex situations like blended families, business succession, tax planning, or special needs. A local estate planning attorney understands Maryland law and your community.

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

What Is a Pour-Over Will and Do You Need One with Your Trust?

If you have a revocable living trust, you might think you do not need a will at all. But there is a special type of will — called a pour-over will — that serves as an essential safety net for any trust-based estate plan.

How a Pour-Over Will Works

A pour-over will directs that any assets not already in your trust at the time of your death be “poured over” into the trust. This catches any property you may have acquired after setting up the trust but forgot to transfer, or assets that were simply difficult to title in the trust’s name.

Why It Matters

Without a pour-over will, any assets outside your trust at death would pass according to Maryland intestacy laws — not according to your wishes. The pour-over will ensures everything ultimately ends up where you intended, distributed according to your trust’s terms. Note that assets passing through a pour-over will still go through probate, which is why properly funding your trust during your lifetime remains important.

At SoMD Estate Planning, every trust package includes a pour-over will. Contact us to learn more.

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.

Will vs. Trust: Which Is Right for Your Family?

One of the most common questions we hear from clients is whether they need a will, a trust, or both. The answer depends on your family’s specific circumstances, your assets, and your goals. Here is a straightforward comparison to help you understand the differences.

What a Will Does

A will is the most fundamental estate planning document. It lets you name who receives your property, appoint an executor to manage the process, designate guardians for minor children, and express your wishes for funeral arrangements. Wills are generally simpler and less expensive to create. However, a will must go through probate — the court-supervised process of validating and executing the document.

What a Trust Does

A revocable living trust holds your assets during your lifetime and distributes them after death without court involvement. It avoids probate, provides privacy, and can offer incapacity protection. However, a trust requires more upfront work — you must actually transfer your assets into the trust for it to be effective, a process called funding.

Key Differences at a Glance

Probate: Wills go through probate while trusts avoid it. Privacy: Wills become public record while trusts remain private. Cost: Wills are less expensive upfront while trusts cost more initially but may save money long-term. Incapacity: Wills only take effect at death while trusts can manage assets during incapacity. Guardianship: Only a will can name guardians for minor children.

Most Families Benefit from Both

For comprehensive protection, most families benefit from having both a trust for their primary assets and a pour-over will as a safety net. The will catches any assets not placed in the trust and names guardians for children. Together, they create a complete estate plan.

At SoMD Estate Planning, we help you weigh the options and build a plan that fits your family and your budget. Schedule a free consultation to discuss which approach is right for you.

Do I Really Need a Will in Maryland? What Happens Without One

It is a question we hear all the time from clients across Southern Maryland: “Do I really need a will?” The answer is almost always yes — and the consequences of not having one can be far more serious than most people realize.

What Happens If You Die Without a Will in Maryland?

When someone passes away without a valid will, they are said to have died “intestate.” In Maryland, intestacy laws determine exactly how your assets are distributed — and the results may not align with what you would have wanted.

Under Maryland’s intestacy statutes, if you are married with children, your spouse receives the first $40,000 of your estate plus half of the remaining balance. The rest goes to your children. If you are unmarried, everything typically goes to your children in equal shares. If you have no children, your assets may pass to parents, siblings, or more distant relatives — potentially people you would never have chosen to inherit your property.

The Real-World Consequences

Dying without a will does not just affect asset distribution. It creates a cascade of complications for the people you leave behind. Without a will, there is no named executor — meaning the court must appoint a personal representative, which takes time and may not be someone you would have trusted with that responsibility.

For families with minor children, the stakes are even higher. A will is the primary legal mechanism for naming a guardian for your children. Without one, a judge makes that decision — potentially someone you would not have chosen.

Common Myths That Keep People from Getting a Will

“I do not own enough to need a will.” — You do not need to be wealthy. If you own a car, have a bank account, or possess any personal property, a will helps ensure those items go where you intend.

“My spouse will automatically get everything.” — As noted above, Maryland law does not guarantee your spouse receives all of your assets. Depending on whether you have children or surviving parents, the distribution can be divided in ways that may surprise you.

“I am too young to worry about it.” — Accidents and unexpected illness do not discriminate by age. Young families with children have some of the most urgent reasons to have a will in place.

What a Simple Will Does for You

A simple will lets you name exactly who receives your property, appoint a trusted executor to manage the process, designate guardians for your children, and even specify your wishes for funeral arrangements. It is one of the most straightforward and affordable legal documents you can create — and one of the most impactful.

Take the First Step Today

Creating a will does not have to be complicated or expensive. At SoMD Estate Planning, we offer streamlined, tech-forward will preparation that makes the process quick and convenient. Schedule a free consultation today and let us help you protect the people who matter most.