Will Writing Service in Maryland

Before embarking on making your will in Maryland, there are crucial steps that one should understand. To begin with, individuals must be of sound mind and of legal age, 18 years or older, to create a will. The will must be in writing, among other formal requirements detailed below. 

How much does it cost to write a will in Maryland?

Making a will in Maryland costs an average of $200 to $600. The cost varies depending on the will maker’s wishes and preferences, attorney fees, and the complexity of the estate. The cost of writing a will may vary depending on the execution mode preferred by the will’s maker. 

Can I write a will without a lawyer in Maryland?

Yes, you can write a will without a lawyer in Maryland by writing it yourself, using do-it-yourself tools for making a will or contacting LegalPen, an online will-writing company. In Maryland, handwritten, online, simple, and joint wills are valid, whether written by the testator or their attorney. 

Is It Legal to Write Your Own Will in Maryland?

Yes, it is legal to write your own will. You may write a holographic will, create an online or typed one by yourself, or use do-it-your-self tools to make your will.  When you choose to write your own will, you should sign it in the presence of two credible witnesses, and you should be at least 18 years old or older.

Testators intending to make a will should note that oral wills are invalid in Maryland. All wills should be reduced to writing. 

Does a will in Maryland need to be notarized?

No, the testator does not need to have the will notarized. Notarizing a will involves having a notary public verify its validity and the identity of the person who signed it. 

Notarizing a will does not necessarily make it “legal” but verifies the document’s existence. As much as it is not mandatory to notarize the will, a testator may opt to notarize their will. 

Do I Need a Lawyer to Make a Will in Maryland?

No, you do not need a lawyer to make a will in Maryland. A testator can make the will themselves by writing down their wishes regarding their property, beneficiaries, pets, liabilities, and debts. However, to ensure the legal validity of your will, you can consult an attorney or LegalPen, an online will-writing company. 

Do I Need a Lawyer to File a Will in Maryland?

No, you do not need a lawyer to file a will in Maryland. You may file your will at the Register of Wills in the county where the decedent resided. The will should be adequately sealed in an envelope with your name and email address and the last four digits of the Social Security Number. 

Are Online Wills Legal in Maryland?

Yes, online wills are legal in Maryland. Due to the COVID-19 pandemic, the Senate passed Senate Bill 36, making online wills legal. Maryland residents can create, execute, and witness their will electronically, and such wills are considered valid. 

How to Include Digital Assets in a Maryland Will

You can include your digital assets in Maryland by following the procedure below:

1. Inventory your digital assets, such as financial accounts, social media profiles, email and communication, digital media, and cloud storage.
2. Appoint an executor who will be in charge of administering your digital assets;
3. Document your wishes about every digital asset;
4. Leave behind passwords and other important information to the executor;
5. Please review the privacy and terms of use policies for each of your digital platforms and ensure that your wishes align with those policies.

The Maryland Fiduciary Access to Digital Assets Act (MFADAA) recognizes digital assets as part of the deceased’s estate and how they will be distributed upon the testator’s death. 

How to Disinherit Someone in a Maryland Will

In Maryland, you can disinherit someone by not including them in the will, or you can disinherit someone in the will by stating that you do not intend for the beneficiary to inherit anything in the will.  As part of the disinheritance, you can include why you intend to disinherit the person, such as if they are irresponsible or did not care for you, among other reasons. 

How to Handle Debts and Liabilities in a Maryland Will

When making your will, you can handle debts and liabilities by following the procedure below:

1. Identify your debtors and how much you owe them;
2. Name your debtors and the loans you owe them;
3. Maintain updated statements on the payment progress; 
4. Make a priority list for the payment of the debts and 
5. Leave instructions on how the debts will be paid.  

How to Provide for Minor Children in a Maryland Will

Depending on the number of minor children, a person may appoint one or more guardians to care for them when they pass. The person you choose as a guardian should care for the child’s best interests. After choosing a guardian, you can allocate resources to facilitate the care of the children.

Alternatively, you can establish a trust to manage the financial resources of the parent or parents for the benefit of your children. 

How to Store Your Maryland Will Safely

For ease of access after your death, you can store your Maryland will in a home safe, a fireproof metal box, or a file cabinet. Make sure at least one person knows where you have stored it.  

Additionally, you may file your will with the Register of Wills in your county. It must be filed in a sealed envelope with your name, address, and last four digits of your social security number written on the cover. 

How to Contest a Will in Maryland

One may contest a will by filing a petition under a caveat proceeding at the Orphan’s court. Contesting a will is a legal way of asking the court to determine whether a will is valid. A beneficiary in a will or a person who expected to be a beneficiary may contest a will for the following reasons:

1. The will is not valid;
2. Undue influence, duress, or fraud has occurred during the making of the will;
3. There exists a new will; or
4. The will was not properly executed.

The burden of proving the above grounds rests on the person challenging the will. 

What are No-Contest Clauses in Maryland Wills?

No-contest or a in terrorem clause is a clause that disinherits a beneficiary if and when the beneficiary challenges the will. It serves the purpose of deterring people who want to counter the testator’s wishes. However, in Maryland, a no-contest clause will not be enforced if there was probable cause to contest the will when it was contested. 

What is the difference between probate in Maryland and Wisconsin?

The probate process in Maryland and Wisconsin is primarily similar. The Maryland and Wisconsin probate laws do not differ significantly. Both proceedings are conducted in the circuit court of the county where the decedent resided; the probate proceedings’ timeframe depends on the estate’s complexity, court scheduling, and creditor claims. The differences exist in specific court procedures. For more insights on the probate process in Wisconsin, read Will Writing in Wisconsin. 

How to Handle Foreign Property in a Maryland Will

Do you own a hacienda in Dubai or an apartment in South Africa? Before writing a will in Maryland, estate laws recommend that you consult attorneys in the country where the foreign property is situated.  Estate planning attorneys in Maryland recommend that you have two wills. One is a Maryland will, and the other is a valid will in the country where the foreign property is situated. Both wills should adhere to the requirements of Maryland’s version of the Uniform International Wills Act. 

How to Make a Will for Same-Sex Couples in Maryland

Making a will for same-sex couples and estate planning for same-sex couples is similar to making wills for traditional couples. Same-sex couples may make a joint or a mutual will, or each spouse may make a simple will reflecting their wishes. Same-sex couples may consider choosing a guardian for their minor children or their pets. Allocating their assets to their beneficiaries, including their spouse, family, and friends, or even designating some of their property to charity. Same-sex couples considering making a will can check out How to Write a Will in Maryland. 

How to Plan for Pet care in Your Maryland Will

You can plan for pet care in Maryland by naming an individual or organization that will care for your pet after your demise. The details of the individual or organization you choose should be elaborately stated in the will, for example, their address, name, and contact information. It is essential to leave a pet care plan in the will detailing what your pet eats, what it is allergic to, and the type of care it should be accorded.

How to Handle Business Succession in a Maryland Will

Business succession planning is the process of making a plan to preserve one’s business interests even after death or the occurrence of a catastrophic event such as an accident, illness, or insanity. A business owner includes a business succession plan, such as a personal investment portfolio, in their will to guide the beneficiaries on how each business asset will pass at death. 

How to Handle Out-of-State Property in a Maryland Will

You can handle out-of-state property by including it in your Maryland will. For example, if you have a boat in Missouri or an apartment in New York, you can consist of those assets in your Maryland will. A will in Maryland will be valid in other states of the United States. To ensure the validity of your Maryland will, which includes out-of-state property, consult a Maryland estate attorney before making the will. 

What is the difference between Holographic wills and Statutory wills in Maryland

Statutory wills and holographic wills are types of wills in Maryland. A holographic will is an entirely handwritten will signed by the testator, whereas a statutory will complies with Maryland’s estate laws. It is written, signed, attested, and signed by two competent witnesses.