Last Will & Testament
For Maryland Residents ONLY
For many, the thought of planning for the inevitable brings about feelings of stress and anxiety. We know that there are many confusing issues surrounding the estate planning process. We will guide you through the process, educating you about all of your options.
What is a Will?
A will is a legal document which determines what happens to your property after you pass. A will deals with who receives your property and in what amounts.
What can a Will do?
Besides distributing property, a will may name a guardian for any minor children. It may also name a personal representative/executor to carry out the terms of the will. If you have pets, you can even name a guardian and provide arrangements for their care. Additionally, with a will you can create a trust and designate a trustee to handle the estate.
What a Will can’t do?
A will cannot cover property held as Joint Tenants/ or Tenants by the Entireties, or property transferred to a living trust. A will cannot cover proceeds of a Life Insurance Policy, money in a pension plan, IRA, 401(k) plan, or other retirement plan. However, you may on your own change the name of the beneficiary on the forms provided by the insurance agency, financial institution, etc. A will cannot cover stocks and bonds held in beneficiary forms. Additionally, a will cannot cover money in a payable-on-death bank account, as a simple form can be obtained from your bank to change the beneficiary listed.
Who should make a Will?
Everyone. Especially anyone who owns property, whether personal or real should make a will. There is absolutely no need to have a large estate to plan and prepare a will. Individuals with cash, vehicles, jewelry, furniture (personal property) should make a will to distribute their assets. Additionally, individuals owning land and/or houses (real property) should make a will.
If married, each spouse should make a will distributing their assets. Widows and single parents should also make a will to dispose of their most valuable possessions.
When should a Lawyer’s services be utilized?
There are many self-help kits on the internet that allow individuals to prepare and plan their own wills; however, certain situations may require the expertise of a licensed professional who has experience in the estate planning process. It is always better to have the assistance of an experienced attorney to guide you through the challenging process.
What happens if you die without a Will?
If you die without a will, you will have died intestate; meaning your property and belongings will be distributed through the strict intestacy laws of the State. In other words, without a will, your possessions will be dispersed to your closest relatives, and if you have no living heirs, to the State. Therefore, in order to protect your family and your belongings, it is extremely important that everyone makes a valid will; otherwise the State may get to determine how your property is distributed.
Can you make changes to your Will?
You may make changes to your will whenever desired and should when your circumstances change. For instance, if you move to a new state, get married or divorced, have a baby, have step children or adopt, and if you acquire or dispose of substantial assets.
You may make changes by adding a codicil to your existing will or by creating an entirely new will.
Can you revoke your own Will?
Yes, you may revoke your own will. You may revoke by: including a provision in a subsequent will which revokes any prior will, or by burning, canceling, tearing or obliterating your will and any copies of it.
What are the requirements to make a valid Will in Maryland?
To create a valid will in Maryland, the will must be:
In writing;
Signed by the testator in the presence of two witnesses; and
Attested and signed by the two witnesses
* A valid will does not need to be notarized in MD
How will my estate be distributed if I die without a will?
Prepare for the future of your family.
Protect what you have worked so hard to acquire, leave a legacy for those you hold dear to your heart. We are here to assist you in this process. We know that no one wants to plan for the inevitable; however, having the proper estate planning in place will leave you with less worry, allowing you to spend quality time with your family and friends without the constant “what if” thoughts running through your mind.
“The COVID pandemic made me focus on getting affairs in order and I came upon MVP law group in my search for law firms that handled Wills. I wanted to complete a Will and have health directives in order. Kellie Lego took care of my needs. She was knowledgeable and patient and took time to answer all my questions. She made a not so pleasant task easy and helped me ensure I had what I needed. I would definitely recommend MVP!”
— Mia