It's June in Maryland and the DC Metro area.  The trees are green, the flowers are blooming and wedding bells are ringing every weekend it seems. Some families have a baby is on the way. Many out there have a loved one that is battling a serious illness. Other people are grieving an unexpected loss. These are the moments that define our lives here in the U.S.A. and in our state of Maryland.  The celebrations, the transitions, the goodbyes. 

Wills and trusts attorney Maryland And yet, most people never stop to ask the most important legal question these moments raise: What happens to everything I have and everyone I love if something happens to me?

If you live in Maryland and you don't have a will, the state already has an answer for you. It's just probably not the one you'd choose.

What Maryland Says When You Don't Have a Will In Place

Estate Planning attorney Potomac MD DC TOPA When a Maryland resident dies without a will something happens and it's what the law calls dying intestate.  Yes, an interesting word one that many have never heard of before. None the less it exists and the Maryland Intestate Succession laws found under Estates & Trusts Article §3-101 dictate exactly who receives your assets. It doesn't matter what you verbally promised your sister or what your partner expected. The court follows a rigid formula: spouses, children, parents, and siblings are prioritized in a set legal order. If you're unmarried and have no children, your estate could pass entirely to parents or siblings...even if there's someone else in your life who depended on you completely and was your closest confidant. 

And this is super alarming. No will also means no say in who raises your children.  But here's the good news, a properly executed will allows you to name a guardian for your minor children. Without it, that decision goes before a Maryland court, and often times the outcome can be surprising.  

 

 

Wedding Season: Love Is Beautiful. Protect It.

Food for thought here. If you're getting married in Maryland, know this: marriage can affect the validity of a previous will. Under Maryland law, a will executed before marriage is not automatically revoked, but your new spouse may have rights to a portion of your estate regardless of what an old document says. Newly married couples should create or update their wills as part of starting their life together... NOT AS AN AFTERTHOUGHT. 

New Baby, New Responsibilities

The birth of a child is one of the most common, and yet,most overlooked triggers for estate planning. A will allows you to name a guardian for your child and establish a trust so that your assets are managed responsibly until your child reaches adulthood. Maryland courts can appoint a guardian without your guidance and that can be troubling to many.  So the question is why leave that to chance? Your child deserves a plan, not a court proceeding. It's time to make that call. 

When Illness Strikes

A serious diagnosis has a way of clarifying what matters most. But illness can also rob you of the legal capacity to make decisions if you wait too long. In Maryland, a valid will requires that you be of sound mind at the time of signing. Pairing your will with a Healthcare Directive and a Durable Power of Attorney ensures that your medical and financial wishes are honored. even if you become unable to speak for yourself. We can't tell you how many times people come into our firm, wanting a will or a power of attorney for their parents and it's too late. Their memory is going. 

Death Is Never Convenient

Grief is hard enough. Dying without a will adds a layer of legal complexity, family conflict, and expense that your loved ones shouldn't have to bear. Maryland's probate process can be lengthy and costly when there's no clear direction. A simple, properly drafted will can spare your family enormous stress, headache and time, during an already painful period in life. 

One Decision. Lasting Peace of Mind.

So we've covered some of life's biggest moments: love, new life, loss, illness. They are all reminders that tomorrow is never guaranteed. At The Law Office of Brayan Gormley LLC in Bethesda, Maryland, we help individuals and families create estate plans that reflect their wishes, protect their loved ones, and comply fully with Maryland law.