When Should You Update Your Estate Plan in Maryland?

Creating an estate plan is one of the most important things you can do for your family. But your estate plan is not a “set it and forget it” document. Life changes, and your estate plan needs to change with it. At SoMD Estate Planning, attorney Kathryn Batey recommends reviewing your estate plan every three to five years — and immediately after any major life event.

Life Events That Trigger an Update

Marriage — When you get married, your estate plan should be updated to include your spouse as a beneficiary, executor, healthcare agent, or power of attorney holder. Your new spouse does not automatically inherit everything under Maryland law unless your plan says so.

Divorce — After a divorce, it is critical to update your will, trust, beneficiary designations, and powers of attorney. In many cases, your ex-spouse may still be named as a beneficiary or agent in your existing documents. Maryland law provides some protections for certain documents after divorce, but you should not rely on those defaults — update your plan immediately.

Birth or Adoption of a Child — Every new child should be included in your estate plan. You should also revisit your guardianship designations to ensure they still make sense for your growing family.

Death of a Beneficiary or Executor — If someone named in your estate plan passes away, you need to update the plan to name replacements. This includes beneficiaries, executors, trustees, guardians, and power of attorney agents.

Significant Change in Assets — If you receive an inheritance, sell a business, purchase real estate, or experience a significant increase or decrease in your net worth, your estate plan should be updated to reflect those changes.

Purchasing or Selling Property — Real estate is one of the most common assets addressed in estate plans. Any time you buy or sell property, review your plan to ensure the property is properly accounted for — especially if you have a trust.

Moving to a New State — Estate planning laws vary by state. If you move to Maryland from another state, your existing estate plan may not comply with Maryland law. Have your plan reviewed by a Maryland attorney to ensure it is valid and enforceable.

Retirement — Retirement often brings changes in income, assets, and healthcare needs. Update your estate plan to reflect your retirement accounts, pension, Social Security, and any long-term care planning considerations.

Major Health Changes — A serious diagnosis or change in health should prompt a review of your advanced medical directive and power of attorney. Make sure your healthcare preferences are current and that the right people are authorized to make decisions on your behalf.

Changes in Law — Estate planning laws change over time. Federal tax law changes, state law updates, and new regulations can all affect your plan. Periodic reviews ensure your plan takes advantage of current law.

How Often Should You Review Your Plan?

Even if none of the events above occur, you should review your estate plan every three to five years. This ensures that your plan still reflects your current wishes, your named agents and beneficiaries are still the right choices, your plan is compliant with current law, and your assets are properly titled and coordinated with your plan.

What to Check During a Review

When reviewing your estate plan, pay attention to beneficiary designations on retirement accounts and life insurance (these override your will), named executors, trustees, guardians, and agents, asset ownership and titling (especially for trusts), healthcare preferences in your advance directive, and your power of attorney designations.

Common Mistakes to Avoid

Outdated beneficiary designations — One of the most common estate planning mistakes is forgetting to update beneficiary designations on retirement accounts and life insurance policies. These designations override your will, meaning your ex-spouse or a deceased family member could still be named as the beneficiary even if your will says otherwise.

Ex-spouse still named — After a divorce, many people update their will but forget to change their life insurance, 401(k), or IRA beneficiary. This can result in your ex-spouse receiving assets you intended for someone else.

No backup agents — If your named executor, trustee, or power of attorney agent becomes unavailable, having no alternate can create delays and complications. Always name at least one backup for every role.

Frequently Asked Questions

Does my estate plan update automatically when I get married or divorced?

No. While Maryland law provides some limited protections after divorce, your estate plan does not update itself. You must actively review and revise your documents after any major life event.

How much does it cost to update an estate plan?

SoMD Estate Planning offers flat-fee pricing for estate plan updates and revisions. The cost depends on the scope of the changes needed. Contact us for a free consultation.

Can I update just my will or do I need to redo everything?

It depends on the changes. Minor updates can sometimes be made through a codicil (amendment to a will). Major changes may require a new will or trust. Kathryn Batey will advise you on the most efficient approach.

Keep Your Plan Current

Your estate plan should grow and change with your family. Call SoMD Estate Planning at (301) 818-0389 for a free review of your existing plan or to create a new one. We serve families throughout Charles County, Prince George’s County, Calvert County, and St. Mary’s County.