Columbia, MD Wills & Estates Attorneys
Helping You Secure the Financial Interests of Your Loved Ones
Legal Services Regarding Your Last Will & Testament
How do people know what to do with the possessions and property you leave behind after you pass away? This issue is the focus of Maryland probate law and the responsibility of its probate courts. Probate proceedings are concerned with administering the property of a person who recently passed away.
Generally, courts defer to the decedent’s “Last Will & Testament” to determine how their estate is to be administered. When a person dies without a valid will, they are considered to have died “intestate.” As a result, Maryland’s laws on intestate succession operate like a will, serving as default options on how to divide a person’s estate.
We have the following experience with wills:
- Reviewing will provisions
- Drafting wills
- Modifying wills
- Probating a will
- Contesting a will in probate
- Will provisions establishing trusts
Probate proceedings can be complicated by competing claims between the decedent’s creditors and beneficiaries. However, there are other ways a person can safeguard their property to avoid the costly impact of probate proceedings.
Contact us online or by calling (410) 775-5955 today!
Can a Will Be Contested?
Yes, a will can be contested under certain circumstances, but doing so requires specific legal grounds and must follow Maryland’s probate laws. Contesting a will typically occurs when someone believes that the document does not accurately reflect the wishes of the deceased or that it was created under improper conditions.
Common grounds for challenging a will include lack of testamentary capacity, undue influence, fraud, or improper execution. Lack of testamentary capacity means the person creating the will (the testator) did not fully understand the implications of their decisions due to mental incapacity or other impairments. Undue influence occurs when someone pressures or manipulates the testator into making changes to the will that do not align with their true intentions. Fraud involves deliberate deception, such as falsifying the will or misrepresenting its contents. Improper execution might involve failing to meet legal requirements, such as having the will signed and witnessed correctly.
To prevent disputes, careful drafting and execution of a will are essential. Including clear language, obtaining witness signatures, and working with an experienced attorney can help ensure the document withstands potential challenges and reflects the testator’s wishes accurately.
Estate Planning Tools to Protect Your Legacy
The provisions of a will only come into effect when a person passes away. However, if you are concerned about the administration of your estate if you are still alive, but are physically or mentally incapable of making important decisions about your assets, you can rely on estate planning tools such as trusts, powers of attorney, guardianship appointments, and advance medical directives.
At Ward & Co Law you can count on our legal team to help protect your legacy using the following legal instruments:
- Irrevocable trusts: The terms of an irrevocable trust cannot be revoked by the trustor. The trust assets of an irrevocable trust are safe from creditor’s claims upon the trustor’s death.
- Revocable trusts: The terms of a revocable trust may be revoked by the trustor. However, trust assets are more vulnerable to claims from creditors. Revocable trusts help give your assets privacy while you are alive and typically become irrevocable upon your death.
- Powers of attorney: A person with power of attorney has the authority to make legal decisions on behalf of the grantor. This is useful for protecting and managing assets if you become incapacitated but haven’t passed away.
- Guardianship: A person acting as guardian for another person has broad authority to act on their behalf. Guardians can help you manage your affairs if you become incapacitated or pass away.
- Advanced medical directives: A person who is incapacitated cannot make decisions about their medical treatment. However, an advanced medical directive requires physicians to respect your wishes, as expressed in the directive, even when you are incapacitated.
Call Ward & Co Law for Wills & Estates Services in Columbia, MD
The future of your legacy and the welfare of your loved ones deserve legal protection. If you are concerned about providing for the future financial well-being and benefit of the people you care about most, you should speak with a skilled wills & estates attorney in Columbia, MD. At Ward & Co Law you can field your questions and concerns to our qualified estate planning attorney, so you can rest easy knowing the future of your estate and the security of those most important to you are protected by a comprehensive estate plan.
Call us at (410) 775-5955 or contact our office online to schedule an appointment about your legal options and interests today.
