Estate Administration

Last Will and Testament

A Will is a written instrument by which a person decides who shall receive his assets after death. If drafted effectively, your Will should contain a plan which takes into account the needs of your family and the nature of your assets.

A Will is the appropriate instrument for designating the guardians of minor children if both parents die before the children reach the age of majority. Without a Will, state law will determine the division and distribution of one’s assets — not the person’s wishes.

Under Maryland law, there are three requirements for the validity of a decedent’s Last Will and Testament: (1) the Will must be in writing; (2)  the Will must be signed by the testator; and (3) the Will must by signed in the presence of two competent witnesses.

Living Wills

A Living Will helps people make life and death decisions in the event they become seriously injured. This document declares that, in the event that two physicians certify that you have a terminal illness and death is imminent, you do not wish to be kept alive by artificial methods. In some states, this is combined with the Medical Care Power of Attorney into an “Advance Health Care Directive” designed to protect the individual under numerous situations.

Medical Care Power of Attorney

Beyond the provisions of a living will, a Medical Care Power of Attorney grants to others the right to make medical care decisions on your behalf, including the right to withdraw or withhold life support systems. This grant of authority goes beyond the very limited circumstances covered by the Living Will. In Maryland, this can be combined with the living Will into an “Advanced Health Care Directive.”

General Durable Power of Attorney

A General Durable Power of Attorney gives to another the right to make decisions regarding your financial affairs. This is peculiarly useful if you become incapable of managing your own affairs due to some disability.