SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

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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.

Estate Planning for Newlyweds: Building Your Future Together

Congratulations on your marriage! While wedding planning may have consumed months of your attention, there is another kind of planning that deserves a spot on your newlywed to-do list: estate planning. It is not the most romantic topic, but it is one of the most meaningful ways to protect your new spouse and build a secure future together.

Why Estate Planning Matters Right After Marriage

Marriage changes your legal relationships in significant ways. In Maryland, your spouse does not automatically inherit everything you own — intestacy laws divide assets between your spouse, children, and potentially other family members. A will ensures your new spouse is fully protected.

Your Newlywed Estate Planning Checklist

Update beneficiary designations on all retirement accounts, life insurance policies, and bank accounts. Create or update your wills to reflect your new marital status and wishes. Execute advance medical directives naming each other as healthcare agents. Consider powers of attorney so your spouse can handle financial matters if needed. Review your insurance coverage to ensure adequate protection for both of you.

Combining Finances and Assets

As you merge your financial lives, consider how property ownership is titled. In Maryland, how you title property — whether jointly with right of survivorship or as tenants in common — directly affects what happens to that property if one of you passes away. These decisions should be made intentionally, not by default.

Start Your Marriage on Solid Ground

At SoMD Estate Planning, we offer affordable packages designed specifically for newlyweds and young couples. Contact us for a free consultation and check this important item off your newlywed list.