Drafting Maryland Wills

A Last Will and Testament is a written agreement that indicates how an individual would like their assets to be distributed at death. It often includes provisions regarding the nomination of a Personal Representative, more commonly known as an executor, to serve on behalf of the estate to administer the assets. Drafting a Maryland will also includes provisions regarding distribution.

An experienced Wills attorney can work with the client to determine the best overall comprehensive estate plan to fit a client’s needs and wishes. The attorney’s responsibility involves advising on Maryland law and taxes as well as drafting the documents.

Components of a Will

People drafting a will in Maryland want to provide for the future of their family. Last Will and Testaments are often one of the best gifts an individual can leave to protect their assets and to provide for the smooth disposition of assets to a surviving spouse, children, grandchildren, friends, and loved ones. The creation of a Last Will and Testament helps to minimize the expenses in the estate administration process to streamline the process and, in some cases, to minimize exposure to state taxes.

Every will is different, but the main component of aLast Will and Testament typically includes the provision for the distribution of assets after an individual dies. It is also common for a Last Will and Testament to include a provision regarding the nomination of a Personal Representative to marshal the assets. There will most likely be some provisions regarding the roles and responsibilities that a Personal Representative would have. It is not uncommon for the document to include information or provisions regarding taxes or the payment of taxes.

Writing a Last Will and Testament

Every client is different and every client’s documents are different because they are often handcrafted and tailored to meet the client’s wishes and needs. When creating a comprehensive estate plan that works on all of the client’s issues, they are making many tasks on an attorney. A Maryland Wills attorney may be working on a provision, bequest, or business matter specific to the client or even on a wish or distribution tailored to the client’s needs. Often the process and the attorney’s responsibilities will change based on the client, their wishes, family dynamics, and the nature and scope of assets.

Typically, the individuals who choose to write a Last Will and Testament are the clients and an attorney. It is not uncommon for attorneys to also work in conjunction with financial planners or accountants to draft a comprehensive estate plan to meet an individual’s needs. Usually, drafting Maryland wills becomes one piece of a comprehensive estate plan that may also involve free standing trusts, powers of attorney, medical powers of attorney, or other strategies to implement an individual’s wishes and perhaps minimize the exposure to estate taxes.

Timing of a Will

It is never a bad time to begin thinking about drafting a Last Will and Testament. Individuals over the age of 18 may wish to consider leaving a Last Will and Testament so that there is a clear nomination of a Personal Representative and their wishes are expressed for the disposition of their assets. Many times, individuals think that they should not write a wWill if they do not have a large amount of wealth, are not married, or do not have children. Most individuals over the age of 18 can benefit from creating a Last Will and Testament to help prepare for their future and to assist their loved ones in closing or minimizing the time spent on closing their estate after death.

Role of an Attorney

The attorney represents individuals seeking to write a will or to create a Last Will and Testament. The attorney works not only to assist the necessary heirs and beneficiary but in creating a plan that meets the goals and wishes of the client drafting the document.

A Last Will and Testament is a written instruction left by an individual before they die that describes how they would like their assets to be distributed, who will serve as a Personal Representative of the estate, and how the individual would like their remains to be disposed of.

An attorney works with a client to determine how drafting a Maryland will be coordinated into an overall comprehensive estate plan. Many times an attorney can advise clients with regard to Maryland law and federal taxes that could be applicable to an estate. After an attorney helps the client to determine their wishes, the attorney drafts the documents and oversees the signing of the document to ensure that it is signed and executed in compliance with Maryland law.