SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

probate court

The Estate Planning Implications of Owning Property in Multiple States

If you own real property in more than one state — perhaps a vacation home at the beach or inherited land in another state — your estate could face ancillary probate in each state where you own property. This means multiple court proceedings, multiple sets of legal fees, and multiple delays. A revocable living trust solves this problem by holding all your real property in one trust, regardless of location, avoiding probate in every state.

At SoMD Estate Planning, we stay current on evolving legal issues to protect Southern Maryland families. Contact us about our $1,500 flat-fee estate plan.

What Happens to Joint Bank Accounts When Someone Dies in Maryland?

In Maryland, when one owner of a joint bank account dies, the surviving owner generally receives full ownership of the account immediately — without going through probate. This makes joint accounts a simple probate avoidance tool. However, there are important caveats. The full account balance may be considered part of the deceased owner’s estate for tax purposes. Family disputes can arise if others believe they were entitled to a portion. Adding someone to your account gives them immediate access to all funds, which carries risk.

At SoMD Estate Planning, we stay current on evolving legal issues to protect Southern Maryland families. Contact us about our $1,500 flat-fee estate plan.

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 about our $1,500 flat-fee estate plan.

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.