Anne Arundel County, MD Wills and Trusts Lawyers

Most people do not spend much time thinking about what happens to their assets after they pass away. Life is busy. Between work, family obligations, and the daily demands of living in communities like Annapolis, Severna Park, or Glen Burnie, estate planning often gets pushed to the bottom of the to-do list. But the decision to delay can have serious consequences for the people you care about most.

Without a valid will, Maryland law decides who inherits your property. Without a trust, your family may face a lengthy and public probate process. Without proper planning, your minor children could end up in a guardianship proceeding where a judge—not you—selects who will raise them. These are not abstract concerns. They are the real outcomes that Anne Arundel County families face when estate planning is neglected.

A will and a trust are the foundational documents of any estate plan. They work together to ensure your wishes are honored, your loved ones are provided for, and your legacy is preserved. 

What Is a Will Under Maryland Law?

A will is a legal document that specifies how you want your property distributed after your death. It names the individuals or organizations you want to inherit your assets, and it designates a Personal Representative—the person responsible for carrying out your instructions and managing your estate through the probate process.

In Maryland, a valid will must meet specific requirements. You must be at least 18 years old and of sound mind when you sign it. The will must be in writing and signed by you in the presence of two witnesses, who must also sign the document. While Maryland does not require a will to be notarized, adding a self-proving affidavit—a notarized statement from the witnesses—can streamline the probate process at the Register of Wills office in Annapolis.

Beyond distributing property, a will serves several other functions:

• Naming a guardian for your minor children
• Designating a Personal Representative to manage your estate
• Creating testamentary trusts for beneficiaries who need protection
• Specifying funeral or burial wishes
• Forgiving debts owed to you by others

If you die without a will—what the law calls dying “intestate”—Maryland’s intestacy statutes dictate who receives your property. Typically, your estate passes to your spouse and children in specific proportions. If you have no spouse or children, the law looks to parents, siblings, and more distant relatives. This default distribution rarely matches what most people would actually choose.

Do I Need a Trust if I Already Have a Will in Maryland?

A will alone may not be sufficient for many Anne Arundel County families. While a will directs how your assets are distributed, it must go through probate—a court-supervised process that can take months and becomes part of the public record. A trust allows assets to pass directly to beneficiaries without court involvement.

The key difference is that a will only takes effect after you die and must be validated by the Orphans’ Court. A trust, by contrast, is a living legal entity. When you create a revocable living trust and transfer your assets into it, those assets are owned by the trust during your lifetime. Upon your death, the successor trustee you named can distribute the assets immediately according to your instructions, without filing anything with the Register of Wills.

For residents of Anne Arundel County, where real estate values in areas like Arnold, Edgewater, and the waterfront communities of Pasadena can be substantial, avoiding probate often saves significant time and expense. Probate fees in Maryland are based on the value of the estate, and attorney fees add to that cost. A properly funded trust eliminates these expenses for the assets it holds.

Privacy is another consideration. Probate proceedings are public. Anyone can go to the Circuit Court building in Annapolis and review the inventory of a probated estate. A trust administration, however, remains private. Your family’s financial details stay within the family.

Types of Trusts Used in Maryland Estate Planning

A trust is a legal arrangement where one party (the trustee) holds and manages assets for the benefit of another (the beneficiary). Trusts come in many forms, each designed to accomplish specific goals.

Revocable Living Trusts

This is the most common trust used in estate planning. You create the trust during your lifetime, transfer your assets into it, and typically serve as your own trustee. You retain complete control over the assets and can change or revoke the trust at any time. Upon your death, the trust becomes irrevocable, and your successor trustee distributes the assets according to your instructions.

The primary benefit is probate avoidance. Assets held in a revocable living trust pass outside of court supervision. For families with property in multiple states—perhaps a home in Crofton and a beach house in Ocean City—a trust can avoid the need for separate probate proceedings in each jurisdiction.

Irrevocable Trusts

Once established, an irrevocable trust generally cannot be changed or revoked. You give up control of the assets you place in it. In exchange, those assets are removed from your taxable estate and are typically protected from creditors. Irrevocable trusts are often used for tax planning and Medicaid planning.

Testamentary Trusts

These trusts are created within your will and only come into existence after your death. They are commonly used to manage inheritances for minor children or beneficiaries who are not ready to handle a large sum of money.

Special Needs Trusts

If you have a family member with a disability who receives government benefits like Medicaid or Supplemental Security Income, a special needs trust allows you to leave them an inheritance without disqualifying them from those benefits. The trustee can use trust funds to supplement—not replace—the beneficiary’s government assistance.

What Happens to My Estate if I Die Without a Will in Anne Arundel County?

If you die without a will in Maryland, state intestacy laws determine who inherits your property. Your assets pass to your closest relatives in a specific order defined by statute, regardless of your actual wishes or relationships. This process still requires probate through the Register of Wills in Annapolis.

Maryland’s intestacy rules follow a hierarchy. If you are married with children, your spouse receives the first $40,000 of the estate plus half of the remainder; your children split the rest. If you are married without children but your parents are living, your spouse takes the first $40,000 plus half, and your parents receive the balance. These formulas rarely reflect what most people would actually choose.

The consequences extend beyond property distribution. Without a will, you cannot name a guardian for your minor children. The Orphans’ Court will appoint someone, but the judge has no way of knowing your preferences. You also cannot designate who will serve as Personal Representative of your estate; the court will appoint an administrator based on statutory priority.

Dying intestate can also cause unnecessary family conflict. When there is no clear documentation of your wishes, disagreements among surviving relatives are more likely. Stepchildren and unmarried partners have no inheritance rights under intestacy law, even if you considered them family.

The Estate Planning Process in Anne Arundel County

Creating an estate plan is not a single event but a process that begins with understanding your goals and assets.

Gathering Information. The first step is taking a comprehensive inventory of what you own and how it is titled. This includes real estate, bank accounts, investment accounts, retirement plans, life insurance, vehicles, and personal property. How assets are titled—solely, jointly, or in trust—determines how they will pass at death.

Identifying Goals. Who do you want to inherit your assets? Do you need to provide for a surviving spouse while also protecting an inheritance for children from a prior marriage? Do you have a child with special needs? Are there charitable organizations you want to support? These questions shape the structure of your plan.

Selecting Fiduciaries. You will need to name individuals or institutions to serve in key roles: a Personal Representative for your will, a trustee for any trusts, and agents under your powers of attorney. Choosing the right people for these positions is one of the most important decisions you will make.

Drafting Documents. Your estate planning documents must be carefully drafted to comply with Maryland law and accurately reflect your intentions. Ambiguous language can lead to disputes and litigation after your death.

Proper Execution. Maryland has specific requirements for how wills and other documents must be signed and witnessed. Failure to follow these formalities can invalidate an entire document.

Funding Your Trust. If you create a revocable living trust, you must transfer assets into it for the trust to work. A trust that is never funded provides no benefit—your assets will still go through probate.

How Often Should I Update My Will or Trust in Maryland?

You should review your estate plan every three to five years and after any major life event. Changes in your family, finances, or Maryland law can make previously valid documents outdated or ineffective. Beneficiary designations on retirement accounts and life insurance should be reviewed at the same time.

Life events that should trigger an immediate review include marriage, divorce, the birth or adoption of a child, the death of a spouse or beneficiary, significant changes in your financial situation, and moving to or from Maryland. A will drafted in another state is generally valid in Maryland, but it may not take advantage of Maryland-specific planning opportunities or may reference laws that do not apply here.

Tax law changes also warrant review. Maryland is one of the few states that imposes both an estate tax and an inheritance tax. The exemption thresholds and rates have changed over time, and a plan designed under old rules may no longer be optimal.

Updating an estate plan does not always require starting from scratch. Minor changes can often be made through a codicil (an amendment to a will) or a trust amendment. More significant revisions may require a complete restatement of the trust or a new will.

Essential Documents Beyond Wills and Trusts

A complete estate plan includes more than just documents that address what happens after you die. You also need to plan for the possibility of incapacity during your lifetime.

• Financial Power of Attorney. This document authorizes someone you choose to manage your financial affairs if you become unable to do so. Without it, your family may need to petition the Circuit Court in Annapolis for guardianship of your property—a costly and time-consuming process.
• Advance Health Care Directive. Maryland combines the living will and health care proxy into a single document. It allows you to specify your wishes regarding end-of-life care and to appoint a health care agent to make medical decisions on your behalf if you cannot communicate.

Anne Arundel County Estate Planning Considerations

Anne Arundel County presents unique planning considerations due to its geography and demographics. The county includes urban areas near Baltimore, the state capital in Annapolis, suburban communities like Severna Park and Crofton, and waterfront properties along the Chesapeake Bay and its tributaries.

Real estate is often the largest asset in an estate. Waterfront homes in communities like Pasadena, Mayo, and Shady Side can be particularly valuable—and particularly complicated to transfer. If property is held solely in a decedent’s name, it must go through probate before it can be sold or transferred to heirs. A revocable living trust can avoid this delay and allow for a seamless transition of ownership.

The Register of Wills for Anne Arundel County is located in the Circuit Court building at 8 Church Circle in Annapolis. This office handles all probate filings and can provide forms and general information about the process. However, the staff cannot provide legal advice about your specific situation.

Frequently Asked Questions (FAQs)

What is the difference between a will and a trust?

A will directs how your assets are distributed after death and must go through probate. A trust holds assets during your lifetime and can transfer them to beneficiaries without court involvement, providing privacy and potentially avoiding probate costs.

Can I write my own will in Maryland?

Maryland allows handwritten wills, but they must still meet legal requirements including witness signatures. Self-drafted wills often contain errors that lead to disputes. Professional guidance ensures your wishes are clearly expressed and legally enforceable.

Do I need a lawyer to create a trust in Maryland?

While Maryland law does not require an attorney, the legal and tax implications are significant. Improperly drafted trusts may not achieve their intended purpose. An attorney ensures the trust is valid, properly funded, and coordinated with your other documents.

What assets should I put in a revocable living trust?

Typically, real estate, bank accounts, and investment accounts are transferred to a revocable living trust. Retirement accounts and life insurance usually remain outside the trust but may name the trust as beneficiary. The specific strategy depends on your goals.

How do I change my will after it is signed?

You can change your will by executing a codicil, a formal amendment that must meet the same requirements as the original will. For significant changes, it is often better to execute an entirely new will that revokes the previous one.

Is a will from another state valid in Maryland?

Generally, yes. Maryland recognizes wills validly executed under the laws of the state where they were signed. However, a will drafted for another state may not be optimized for Maryland’s laws or address Maryland-specific issues like the state estate tax.

Contact Our Anne Arundel County Wills and Trusts Lawyers

Your estate plan is one of the most important gifts you can give your family. It provides clarity during a difficult time, protects your loved ones from unnecessary legal burdens, and ensures that your wishes—not state law defaults—determine what happens to everything you have worked to build.

Baddour Law Firm helps Anne Arundel County residents create comprehensive estate plans tailored to their unique circumstances. Whether you need a straightforward will or a sophisticated trust structure, we provide the guidance and attention your family deserves.

Contact us today at (301) 494-2108 or reach out through our online form to schedule a consultation. Let us help you protect your legacy and provide for the people who matter most.