Estate Planning Frequently Asked Questions

Estate planning is the process of preparing legal documents that address how your assets are managed during your lifetime and how they are distributed after death. It often includes wills, trusts, powers of attorney, healthcare directives, and beneficiary planning..

Yes. Estate planning is not about wealth alone. It is also about decision-making authority, guardianship for minor children, healthcare wishes, and ensuring clarity for loved ones regardless of the size of your estate.

If you die without a will, Maryland law determines who inherits your assets and who administers your estate. This process may not reflect your wishes and can create delays or complications for your family.

A will directs how assets are distributed at death and typically goes through probate. A trust can manage assets during life and after death and may help avoid probate for assets held in the trust. Many estate plans use both tools together.

No. A will generally requires probate. Probate is the court-supervised process used to administer an estate. Some assets may pass outside probate depending on how they are titled or designated.

Probate is the legal process used to validate a will, appoint a personal representative, pay debts, and distribute assets. In Maryland, probate is overseen by the Orphans’ Court.

In many cases, yes. Assets such as retirement accounts and life insurance policies typically pass according to beneficiary designations, even if a will says something different. Keeping these designations updated is critical.

Estate plans should generally be reviewed every three to five years, or sooner if there is a major life change such as marriage, divorce, the birth of a child, relocation, or significant financial changes.

Yes. Parents often need estate plans to name guardians for minor children, manage assets for children’s benefit, and plan for incapacity. Without planning, these decisions may be left to the courts.

Divorce and remarriage often require immediate updates to estate planning documents. Beneficiary designations, fiduciary appointments, and distribution plans should be reviewed to reflect current relationships.

Once a child turns 18, parents no longer have automatic legal authority. Simple documents such as a healthcare directive and financial power of attorney can be helpful for college students and young adults.

Clear planning and communication often reduce confusion and disputes by setting expectations and providing guidance during difficult times.

No. Estate planning also addresses incapacity, healthcare decisions, asset management during life, and planning for unexpected events.

An estate planning attorney can help identify appropriate tools, draft legally effective documents, coordinate planning across multiple areas, and ensure compliance with Maryland law.

It is a good time to contact an attorney if you are starting an estate plan, reviewing existing documents, experiencing a life change, or have questions about protecting your family or assets.