Wills, Estates & Trusts Attorneys Serving Hagerstown & Washington County, MD

Planning for the future — or handling the affairs of a loved one who has passed away — involves decisions that affect your family for years to come. The Law Offices of Andrea Cheeatow assists individuals and families with wills, trusts, powers of attorney, advance directives, and probate and estate administration matters in Hagerstown, Washington County, Frederick County, and throughout the surrounding Maryland communities.

Whether you are putting an estate plan in place for the first time, updating existing documents, or serving as a personal representative for a loved one's estate, our attorneys work to help you understand your options and navigate the process with clear communication and practical guidance. Every situation is different, and the right approach depends on the facts.

Estate Planning & Probate Services

Our attorneys handle a range of estate planning and estate administration matters in Maryland. Below is an overview of the types of matters we handle.

Last Will and Testament

A Last Will and Testament ("Will") is a legal document that directs how a person's property is distributed after death and can address related matters, such as who should serve as personal representative and, in some cases, who should serve as guardian for minor children. Under Maryland law, any person who is 18 years of age or older and legally competent may make a Will.

To be valid, a Maryland Will must be in writing, signed by the testator (or by another person in the testator's physical presence and at the testator's express direction), and attested and signed by two or more credible witnesses. Maryland does not generally recognize handwritten (holographic) wills, except in limited circumstances for members of the U.S. armed forces serving outside the country. Maryland law also permits certain electronic and remotely witnessed wills when specific statutory requirements are satisfied. A Will that does not meet the applicable formal requirements risks being found invalid.

The person named in the Will to manage the estate is called the Personal Representative. That person is responsible for administering the estate under the supervision of the Register of Wills and, where applicable, the Orphans' Court, and for carrying out the decedent's wishes as stated in the Will.

Trusts

A trust is a legal arrangement in which property is held and managed by a trustee for the benefit of one or more beneficiaries. Maryland recognizes trusts under the Maryland Trust Act, and trusts can serve a variety of planning goals.

A Revocable Living Trust is created and takes effect during the grantor's lifetime. The grantor typically retains the ability to amend or revoke the trust and often continues to manage the trust property, whether personally or through a trustee, for their own benefit. A revocable trust can allow trust property to be managed for the grantor's benefit if the grantor becomes incapacitated, without the need for a court-appointed guardian of the property. Because a revocable trust generally avoids probate for assets titled in the trust's name, many people use one alongside a "pour-over" Will, which directs any remaining individually owned assets into the trust at death.

An Irrevocable Trust generally cannot be modified or revoked once it is created, and the grantor typically gives up ownership rights over property transferred into it. Irrevocable trusts are often created for specific tax planning or asset protection purposes.

Whether a trust makes sense for you, and which type, depends on your goals, assets, and family circumstances. An attorney can help you understand the options.

It is worth noting that a Will generally directs only your probate assets — property that does not pass automatically to someone else by beneficiary designation, survivorship, trust, or other operation of law. Assets held in a trust, along with retirement accounts, life insurance, and other assets with a named beneficiary, generally pass according to those arrangements regardless of what a Will says.

Power of Attorney

A power of attorney is a written document in which one person (the "principal") grants authority to another person (the "agent") to act on the principal's behalf regarding financial, property, or other business matters. Maryland's General and Limited Power of Attorney Act provides statutory forms, and Maryland law generally makes a power of attorney "durable" — meaning it remains effective even if the principal later becomes incapacitated — unless the document states otherwise.

A power of attorney can be effective immediately upon signing, or it can be "springing," meaning it only becomes effective upon the occurrence of a future event, such as the principal's incapacity. A properly executed power of attorney can help a family avoid the need for a court-supervised guardianship of the property if the principal later becomes unable to manage their own affairs. A power of attorney can only be signed by a principal who has the capacity to understand and authorize it — it is not a substitute for planning once a person has already become incapacitated.

Advance Directives & Health Care Power of Attorney

An advance directive — sometimes called a medical or health care power of attorney — allows a person to name a "health care agent" to make medical decisions on their behalf if they become unable to make or communicate those decisions themselves. An advance directive can also include instructions about the types of medical treatment a person does or does not want to receive.

Under Maryland's Health Care Decisions Act, an advance directive must generally be signed and dated by the person making it (or signed by someone else at that person's direction and in their presence, if they are unable to sign), and witnessed by two adults. The person named as health care agent cannot serve as one of the witnesses, and at least one witness must not be someone who is knowingly entitled to a portion of the person's estate or a financial benefit from that person's death. Having an advance directive in place can help ensure your wishes are known and can relieve family members of difficult decisions during a medical crisis.

Probate & Estate Administration

When a person passes away owning property in their name alone, that property is generally subject to probate — the legal process of administering an estate under the supervision of the Register of Wills and the Orphans' Court. Maryland recognizes two general types of estate administration, depending on the value of the probate assets:

A Small Estate generally applies when the probate assets are valued at $50,000 or less, or $100,000 or less if the surviving spouse is the sole heir or legatee. Small estate administration is a simplified process with fewer requirements than a regular estate.

A Regular Estate generally applies when probate assets exceed those thresholds. Regular estate administration typically involves more extensive requirements, including an inventory of assets, an accounting, and, in most cases, a bond and newspaper publication.

In either case, the Personal Representative is generally responsible for collecting the decedent's assets, notifying interested persons and creditors, paying valid debts and expenses, filing any required tax returns, and ultimately distributing the remaining assets to the heirs or legatees. The Personal Representative must complete the filings and reporting required for the particular form of estate administration, which vary depending on whether the estate is a small estate, a regular estate, or otherwise. Serving as a Personal Representative carries legal responsibilities, and an attorney can help guide you through the process.

Intestacy (Dying Without a Will)

When a person dies without a valid Will, they are said to have died "intestate," and Maryland's intestate succession law determines who inherits the probate estate and in what shares. These rules generally follow bloodlines and legal relationships — such as a surviving spouse, registered domestic partner, children, parents, or siblings — according to a statutory formula that has changed over time. A registered domestic partner has the same intestacy rights as a spouse under Maryland law. Stepchildren generally do not inherit under intestacy law unless legally adopted. Unmarried partners generally do not inherit unless they qualify as a registered domestic partner or otherwise have inheritance rights under applicable Maryland law.

Intestacy rules apply only to probate assets, which generally include property owned solely by the decedent, interests held as a tenant in common, and other assets that do not pass automatically by beneficiary designation, survivorship, trust, or other operation of law. Assets that pass by beneficiary designation or by survivorship — such as retirement accounts, life insurance, and certain jointly titled property with a right of survivorship — generally pass outside of the intestacy process regardless of whether a Will exists. Having a valid, up-to-date Will is the most direct way to direct how your probate assets should pass, rather than relying on Maryland's statutory intestacy rules.

Maryland Inheritance & Estate Tax

Maryland is one of the few states that imposes both an inheritance tax and a separate estate tax, and it is important to understand how each may apply to an estate.

The Maryland inheritance tax is generally a flat 10% tax on the value of property passing to beneficiaries who are not closely related to the decedent, such as nieces, nephews, cousins, or friends. Spouses, children and other lineal descendants, parents, grandparents, siblings, and certain other close relatives are generally exempt from this tax.

The Maryland estate tax applies separately, and only to larger estates that exceed the state's statutory exemption amount, which is distinct from — and generally lower than — the federal estate tax exemption. Property passing to a surviving spouse is generally exempt from both the Maryland estate tax and inheritance tax.

Whether either tax applies to a particular estate depends on its size and the beneficiaries involved. An attorney, often working alongside a tax professional, can help you understand the potential tax consequences of an estate plan or an estate administration.

Frequently Asked Questions

Do I need a lawyer to write a will in Maryland?

Maryland law does not require a lawyer to prepare a will, but a will must meet specific legal requirements to be valid: it must be in writing, signed by the testator (or by another person in the testator's physical presence and at the testator's direction), and attested and signed by two or more credible witnesses. A will that does not meet these requirements may be found invalid, which can result in the estate being distributed under Maryland's intestacy law instead of the testator's wishes. An attorney can help ensure a will is properly drafted and executed.

What happens if I die without a will in Maryland?

If you die without a valid will, you are considered to have died "intestate," and Maryland's intestate succession law determines who inherits your property and in what shares. A registered domestic partner has the same intestacy rights as a spouse under Maryland law. Generally, this involves your surviving spouse or registered domestic partner and children, or if none, your parents, siblings, or other relatives according to a statutory formula. Property that passes outside of probate — such as certain jointly owned assets with a right of survivorship, accounts with a payable-on-death designation, or life insurance and retirement accounts with named beneficiaries — is not affected by intestacy law. An attorney can help you understand how these rules might apply to your situation.

What is the difference between a small estate and a regular estate in Maryland?

In Maryland, an estate generally qualifies as a "small estate" if the probate assets are valued at $50,000 or less, or $100,000 or less if the surviving spouse is the sole heir or legatee. Estates exceeding those amounts are administered as "regular estates," which generally involve more extensive requirements, including bond and, in most cases, newspaper publication. The applicable process depends on the value and nature of the decedent's probate assets, and an attorney can help determine which process applies and guide the personal representative through it.

What is the difference between a revocable and an irrevocable trust?

A revocable living trust can generally be amended or revoked by the person who created it (the grantor) during their lifetime, and it allows the grantor to manage trust property directly or through a trustee, including for their benefit if they become incapacitated. An irrevocable trust generally cannot be modified or revoked once created, and the grantor typically gives up ownership rights over the property placed in the trust. Irrevocable trusts are often used for specific tax or asset protection purposes. Which option, if any, makes sense depends on your goals and circumstances, and an attorney can help you understand the tradeoffs.

Does Maryland have an inheritance tax or an estate tax?

Maryland is one of the few states that imposes both an inheritance tax and a separate estate tax. The inheritance tax is generally a flat 10% on property passing to beneficiaries who are not closely related to the decedent (such as nieces, nephews, or friends); spouses, children, parents, grandparents, and siblings are generally exempt. The Maryland estate tax applies separately to larger estates above a statutory exemption amount, which is different from the federal estate tax exemption. Whether either tax applies depends on the size of the estate and the relationship of the beneficiaries, and an attorney or tax professional can help you understand your specific situation.

How much does an initial consultation cost?

The cost for an initial consultation is $100.00, paid by debit or credit card when the appointment is scheduled. All consultations are conducted by telephone. If you choose to hire the firm, the $100.00 fee is credited toward your retainer. Otherwise, the fee is non-refundable.

---

Ready to talk to an attorney?
Call (301) 797-3300 or Contact Us Now