Rockville, MD Wills & Estates Attorney
An estate plan is essential if you wish to distribute property to care for family or friends in the event of your death. There are several types of estate tools at your disposal, depending on your specific estate planning goals. However, it would be wise to work with an attorney that can help you meet your goals. If you need assistance with your estate planning, make a consultation with our Rockville wills and estates attorneys.
Rice, Murtha & Psoras is here to offer you the legal representation that you need for your estate planning goals. Our legal team has represented many clients within Rockville, Maryland, and we are ready to use our experience to help you draft a will or utilize other estate planning tools. If you have determined you want to schedule a complimentary legal consultation to make a plan to achieve your estate planning purposes, call our firm at (410) 431-0911. Consultations can be requested online as well.
How to Execute a Will Document for Your Rockville Estate
A will document is often the foundation for a good estate plan. Drafting a will allows the will creator or testator, to convey their real, personal, and other types of property to beneficiaries named in the will. When drafting a will, it is vital to understand what is required to make the will valid within the laws of the state.
In the State of Maryland, the testator of the will is required to be 18 years old or older and they must have a sound mind. To have a sound mind means that a person understands the reason they are establishing the will, they know the beneficiaries of the will, and they have a grasp on all the property they own. If a testator did not possess a sound mind at the time they created their will, this fact may be used as grounds to challenge the validity of the will.
Another requirement to execute a will is that the testator must sign the will typically at the end of the document. Additionally, the testator should have a minimum of two witnesses attesting to the execution of the document. When finding observers of the will signing, a testator should choose people that aren’t named as beneficiaries and that do not have an interest in the contents of the document. For example, selecting a spouse as an observer to the will could cause legal issues, such as a will contest.
If you created a will outside the State of Maryland, the will must have been executed in accordance with the laws of the previous domicile to be valid in Maryland. If you are unsure whether your will is valid in Maryland, you should speak with an experienced Rockville wills and estate lawyer to decide your case.
Challenging a Will in Rockville, MD
There are many circumstances that could lead to a person or multiple people to contest a will. As mentioned, one way to contest a will may arise is if the testator is not of sound mind when drafting the will. For example, a person that stood to inherit from the decedent may challenge the will on the basis that the creator was mentally infirm when they enacted the will.
Another possibility is that a will could be invalidated due to undue influence. Specifically, if a person was able to exert their will upon the testator in order to gain a sizable portion of their estate, this could result in the invalidation of the will.
In some cases, if a testator created multiple wills, there could be a will contest to assert the provisions in a particular will. For example, when a family member has been cut out of a will, they may attempt to argue that the testator did not intend for this will to be submitted to probate.
If you are concerned about whether your will or the will of a family member is invalid, you should confer with Rockville wills and estates attorneys from our skilled legal team.
Common Estate Planning Documents
Depending on your estate planning goals, there are ways that you could manage your estate besides drafting a will. For example, if you suffer from a serious illness and you are concerned about whether you will have the capacity to make medical decisions in the future, you could create a healthcare power of attorney. This will allow a named representative to make medical decisions for you if you ever become incapacitated.
You could also create a durable power of attorney that allows a named representative to make economic decisions or other decisions on your behalf. For instance, if you are no longer capable of operating your business, a named personal representative would often be an ideal choice to act in your place.
There are additional estate planning matters that we can resolve for you, from the establishment of a revocable trust to drafting a letter of intent for your memorial service.
Make an Appointment with Our Skilled Rockville, MD Wills & Estates Lawyer
If you need legal assistance to create a will or have other goals for your estate, you should consult with an experienced Rockville wills and estates lawyer today. Rice, Murtha & Psoras welcomes the opportunity to speak with you about your estate plan. A free consultation for your potential case could be scheduled by calling (410) 431-0911.