Maryland Estate Planning Attorney Discusses 4 Misconceptions About Wills

When it comes to estate planning in Maryland, there are many misconceptions.  Over the years, I have noticed some common themes in the way some people think about Wills. In this post, I will discuss 4 common misconceptions I regularly encounter when helping people in Bethesda and Upper Marlboro get their financial affairs in order.

Misconception #1: A Will avoids probate. No.  A Will is the primary tool of the probate system. Your Will is like a letter to the Court telling the Court how you want your property distributed.  Then you must make sure that you prove to the Court that all your property is collected and appraised, and all your bills and taxes are paid, before your property can be distributed to your heirs.

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What is probate?

What is probate? Probate is the process by which legal title to property is transferred from the deceased person’s estate to his/her beneficiaries.  The probate process involves the following: proving that the deceased person’s Will is valid; hearing any objections to the Will; identifying and listing the deceased person’s property; appraising the property; paying any … Read more

The Basics of Estate Planning – Part IV

In Parts I through III, we discussed estate planning and the importance of having an estate plan as well as two important estate planning tools, Wills and Trusts.  This issue will focus on Powers of Attorney (POA) and the different types of POAs. 

What is a Power of Attorney?

Estate planning is more than determining who will get your money and property after you die. Estate planning also means deciding who will manage your financial and legal affairs if you ever become incapacitated.

A Power of Attorney is a legal document in which you give another person legal authority to act for you if you are unable to do so yourself.  The person who acts on your behalf is your “agent.”   Your agent does not have to be an attorney, but should be someone you trust.

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Why Every Adult Needs an Estate Plan

An estate plan allows you to get your affairs in order in the event you become incapacitated or die.  A Will, which is the most basic estate planning tool, contains a written set of instructions to your loved ones as to how you want your estate to be distributed after your death. So, what happens … Read more