SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

maryland law

The Difference Between a Living Will and a Last Will and Testament

Many people confuse living wills with last wills and testaments, but they serve entirely different purposes. A last will and testament — your will — takes effect after you die and directs how your property is distributed. A living will — part of your advance medical directive in Maryland — takes effect while you are alive but unable to communicate, and directs your healthcare wishes. You need both documents for a complete estate plan.

At SoMD Estate Planning, we help families across Southern Maryland create comprehensive, personalized plans. Contact us for a free consultation.

Understanding Intestacy: What Happens When Maryland Decides for You

When someone dies without a will in Maryland, the state’s intestacy statutes determine who inherits — and the results often surprise families. If you are married with children, your spouse gets the first $40,000 plus half the remainder. If you have minor children, the court appoints a guardian without your input. If you are unmarried with no children, assets pass to parents, then siblings, then increasingly distant relatives. Your unmarried partner receives nothing. Your favorite charity receives nothing. Your intentions are irrelevant.

At SoMD Estate Planning, we help families across Southern Maryland navigate these important decisions. Contact us for a free consultation.

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.

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.

Medicaid Planning and Estate Planning: What Maryland Seniors Should Know

The cost of long-term care in Maryland can quickly deplete a lifetime of savings. For many seniors, Medicaid is the only option to cover nursing home costs — but qualifying requires meeting strict asset and income limits. Medicaid planning is the process of structuring your finances to qualify for benefits while preserving as much wealth as possible for your family.

The 5-Year Look-Back Period

Maryland Medicaid has a five-year look-back period for asset transfers. This means any gifts or transfers made within five years of applying for Medicaid can result in a penalty period of ineligibility. Planning must begin well in advance to be effective. Strategies may include certain types of irrevocable trusts, spousal protections, and careful asset restructuring — all of which require guidance from an experienced attorney.

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