Estate Planning Documents Every Marylander Should Invest In

Published on
January 13, 2025
Written by
Angel Murphy, Esq
Category
Estate Planning

Estate planning refers to all aspects of administrating a given estate. Estate planning is not only concerned with the tax or financial aspects of an estate, but other aspects too. When approaching this subject, it’s important to take account of the various purposes which estate planning is used to serve. Different estate planning documents have different functions. If a person wants to truly maximize his or her estate, multiple documents are typically needed. This is the case in most instances.

In this post, we’ve put together the documents which every Marylander should consider investing in. Though complex, these instruments have all shown to contribute substantial value in various ways.

‍

Last Will & Testament

We’ve discussed this device in multiple posts here on our blog. Having a will is generally considered a very wise investment decision. The reason for this is that wills confer numerous benefits, but perhaps the prime benefit is the predetermination of the distribution of a person’s estate. A will allows the creator to specify how assets are distributed in as detailed a manner as is needed. Without a will, a person who passes away is referred to as passing away “intestate,” and his or her estate will then be administered according to state intestacy law.

‍

Advance Directive

This is an instrument which we haven’t specifically discussed in the past before. In most states around the country, there is a particular type of power of attorney known as medical power of attorney, “medical POA,” or some other designation. In Maryland, medical POAs are referred to as “advance directives.” Advance directives allow the creator to predetermine certain medical or healthcare related decisions. This can be useful when the creator reaches a point where decisions need to be made by others. The others are referred to as agents and are expressly identified in the advance directive.

‍

General Power of Attorney

A non-medical POA, or standard power of attorney, is a legal arrangement in which the principal gives a specified “attorney in fact” decision making authority for certain things. These instruments can cover various areas, such as financial decision making, contract formation, and so forth. The limits of any given POA are defined within its individual language. Importantly, POAs do not restrict or revoke any powers of the principal, they simply give these same powers to the attorney in fact. POAs can be useful for a range of reasons. Giving certain powers to well qualified agents can often be advantageous. Selection of the attorney in fact (or “agent”) and the drafting of the POA should be done with substantial care.

‍

Contact the Murphy Law Firm for More Information

Readers who want to know more about developing a will, POAs, healthcare directives, or another estate planning or family law matter, contact one of the attorneys at the Murphy Law Firm today by calling 240-219-5243.

‍

Angel Murphy

Personable. Passionate. Persistent.

estate planning | maryland law | last will | advance directive | medical power of attorney | general power of attorney | healthcare decisions | financial decisions | power of attorney

Subscribe to our newsletter

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Articles & Resources

March 4, 2024

Rudnick v. Rudnick (2023) & Unconscionability in Maryland Prenuptial Agreements

In Rudnick v. Rudnick (2023), a prenuptial agreement signed in 1992 became the subject of dispute during the couple's divorce in 2019. The agreement, which prohibited the division of assets or alimony, was initially considered fair but was deemed unconscionable at the time of enforcement. Massachusetts law, where the case arose, applied an unconscionability analysis at the time of enforcement. The courts ruled in favor of the wife, highlighting the importance of skilled legal representation well-versed in relevant state laws.

March 17, 2025

How are Challenges to a Will Handled in Maryland?

In Maryland, a will can be contested by an interested party, such as a beneficiary or heir, if there are legitimate grounds. Common reasons for contesting a will include lack of testamentary capacity, undue influence, fraud, or failure to meet legal requirements. The challenge must be filed within 6 months of a personal representative being appointed. The process involves submitting a formal petition to the Orphan’s Court, presenting evidence, and possibly appealing the decision if the challenge is unsuccessful.

March 14, 2025

Frazelle-Foster v. Foster (2021) & Cruel Treatment in Divorce

In Frazelle-Foster v. Foster (2021), the wife sought a divorce based on her husband's cruel treatment, which included verbal, emotional, and psychological abuse. The trial court initially denied her request, citing a lack of a pattern of abuse and no physical violence. However, the appellate division overturned this decision, ruling that cruelty can include non-physical abuse and doesn't need to involve a pattern of behavior. This ruling established a broader interpretation of cruelty in divorce cases, making it easier to cite this ground for divorce in Maryland.

March 7, 2025

General Overview of Estate Administration in Maryland

In Maryland, estate administration involves handling a decedent’s assets and debts. If the decedent had a viable will, the estate process is simpler, as the will provides instructions for distribution. The will must be filed with the Registry of Wills or the Orphan’s Court, and a personal representative is appointed to manage the estate. If there’s no will, the estate is handled according to Maryland’s intestacy laws. The personal representative pays debts and distributes assets, following the will or intestacy rules. Estates under $50,000 are considered small, while those above are regular, with some exceptions for spouses.

March 10, 2025

Tips on Selecting a Personal Representative

Selecting a personal representative (PR) for your will is crucial. The PR ensures the will’s terms are carried out, managing debts and distributing assets. Trust, dependability, and competency are essential qualities in a PR. It's also important to consider how the PR’s relationship with other beneficiaries might affect the process. Careful selection is key to avoiding issues during estate administration.