Maryland Estate and Personal Planning FormsIncluding Will, Power of Attorney and Living Will, Estate Planning Questionnaire and Worksheets. Complete legal Information. |  |
Maryland Estate Law Summary
Note: You can also Access a Personal Planning Package for the State of Maryland. or Prepare a Will OnlineNote: This summary is not intended to be an all inclusive discussion of the law of wills in Maryland, but does contain basis and other information.
Who may make a will: Any person may make a will if he is 18 years of age or older, and legally competent to make a will. 93,4-101
Execution of Will: A will shall be
(1) in writing,
(2) signed by the testator, or by some other person for him, in his presence and by his express direction, and
(3) attested and signed by two or more credible witnesses in the presence of the testator. 4-102
Foreign Wills: A will executed outside this state is properly executed if it is:
(1) In writing;
(2) Signed by the testator; and
(3) Executed in conformity with the provisions of Maryland law, or the law of the domicile of the testator, or the place where the will is executed. 4-104
Note: Click Here for a Personal Planning Package for Maryland.
Revocation: A will may be revoked by:
(1) Subsequent will. - By provision in a subsequent, validly executed will which
(i) revokes any prior will or part of it either expressly or by necessary implication, or
(ii) expressly republishes an earlier will that had been revoked by an intermediate will but is still in existence;
(2) Destruction. - By burning, cancelling, tearing, or obliterating the same, by the testator himself, or by some other person in his presence and by his express direction and consent;
(3) Subsequent marriage and issue. - By the subsequent marriage of the testator followed by the birth, adoption, or legitimation of a child by him, provided such child or his descendant survives the testator; and all wills executed prior to such marriage shall be revoked; or
(4) Divorce or annulment. - By an absolute divorce of a testator and his spouse or the annulment of the marriage, either of which occurs subsequent to the execution of the testator's will; and all provisions in the will relating to the spouse, and only those provisions, shall be revoked unless otherwise provided in the will or decree. 4-105
Delivery of Will: After the death of a testator, a person having custody of his will shall deliver the instrument to the register for the county in which administration should be had pursuant to law. The custodian may inform an interested person of the contents of the will. A custodian who willfully fails or refuses to deliver a will to the register after being informed of the death of the testator is liable to a person aggrieved for the damages sustained by reason of the failure or refusal. 4-202
Description - Maryland Life Documents Planning Package, including Will, Power of Attorney and Living Will
The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.
This package contains the following forms:
- Last Will
- General Durable Power of Attorney
- Statutory Designation of Standby Guardian
- Statutory Advance Health Care Directive
- Statutory Living Will
- Estate Planning Questionnaire and Worksheets
- Personal Planning Information and Document Inventory Worksheets
- Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
- General Durable Power of Attorney for Property and Finances Effective Immediately - This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. The powers granted to an Agent in this Power of Attorney are very broad. This Power of Attorney does NOT provide for health care services. This form complies with all applicable state statutory laws.
- Statutory Designation of Standby Guardian - This is a form provided for by the Maryland Code. A standby guardian is someone whom you appoint to be the temporary guardian of your child(ren) in the event that (1) your doctor concludes that you are mentally incapacitated, and thus unable to care for your child(ren); or (2) your doctor concludes that you are physically debilitated, and thus unable to care for your child(ren). A standby guardian's authority will cease 180 days after beginning unless by that date the standby guardian petitions the court for appointment as guardian. You retain full parental rights even after the beginning of the standby guardian's authority, and may revoke the standby guardianship at any time.
- Statutory Advance Health Care Directive - This is a form provided for by the Maryland Code. A standby guardian is someone whom you appoint to be the temporary guardian of your child(ren) in the event that (1) your doctor concludes that you are mentally incapacitated, and thus unable to care for your child(ren); or (2) your doctor concludes that you are physically debilitated, and thus unable to care for your child(ren). A standby guardian's authority will cease 180 days after beginning unless by that date the standby guardian petitions the court for appointment as guardian. You retain full parental rights even after the beginning of the standby guardian's authority, and may revoke the standby guardianship at any time.
- Statutory Living Will - This Statutory Living Will form allows you to express your wishes and desires if it is determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process. It is a declaration that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfortable care.
- Estate Planning Questionnaire and Worksheets - This Estate Planning Questionnaire and Worksheet is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
- Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.