Maryland State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Maryland Code
Probate jurisdiction rests with the Orphan’s Court; Circuit Court in Hartford and Montgomery Counties
Probate laws are primarily under Estates & Trusts Chapter 4

Minimum age requirement to:

Distribute property by will: 18 (Estates & Trusts 4-101)
Which minor gets property: 21

Holographic will recognized, but only if made by a member of the Armed Forces while overseas and it expires one year after discharge from the Armed Forces if alive and able to make a new will (Estates & Trusts 4-103)

State taxes:

Estate tax: Equal to federal credit for state death taxes minus amount paid to state inheritance tax (Tax General 7-204 and 7-304)
State gift tax:Inheritance tax: 10% tax (Tax General 7-204 and 7-304)
- No state gift tax (Tax General 7-204 and 7-304)
- Anatomical Gift Act (Health General, Section 5-604.1)
Inheritance tax: 10% tax (Tax General 7-204 and 7-304)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 3-102 to 3-104)

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
Surviving spouse and
- Children of surviving spouse:
  - If any of the surviving children are minors, then one-half (1/2) of your estate will go to the surviving spouse, and the other one-half (1/2) will go equally to your children or to their children according to their per stirpes share
  - If none of the surviving children are minors, then $15,000 and one-half (1/2) of your estate will go to the surviving spouse, and the other one-half (1/2) will go equally to your children or to their children according to their per stirpes share
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - If any of the surviving children are minors, then one-half (1/2) of your estate will go to the surviving spouse, and the other one-half (1/2) will go equally to your children or to their children according to their per stirpes share
    - If none of the surviving children are minors, then $15,000 and one-half (1/2) of your estate will go to the surviving spouse, and the other one-half (1/2) will go equally to your children or to their children according to their per stirpes share
    - No children and both of your parents of deceased:
      - All of your estate will pass to your spouse
    - No children, but at least one of your parents survives you:
      - $15,000 and one-half (1/2) of your estate will go to the surviving spouse, and
      - The other one-half (1/2) will go equally to your children or to their children according to their per stirpes share
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents equally
No spouse, children, or parents:
- One-half (1/2) to maternal grandparents and the other one-half (1/2) to paternal grandparents. If none, then to your spouse’s next of kin

Who must be named as a beneficiary in your will:

Surviving spouse (Estates & Trusts 4-105), andChildren, born or adopted, and grandchildren of any of your deceased children (Estates & Trusts 4-105)
- Surviving spouse must be given:
  - If no children, then spouse gets one-half (1/2) of your estate; see statute for details (Estates & Trusts 3-203)
  - If there are children, then spouse gets one-third (1/3); see statute for details (Estates & Trusts 3-203)
Children, born or adopted, and grandchildren of any of your deceased children (Estates & Trusts 4-105)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- Revokes will as to divorced surviving spouse (Estates & Trusts 4-105)
You get married without changing your will that does not provide for your new spouse:
- Revokes will if child is later born or adopted into the marriage and the child survives the maker of the will (Estates & Trusts 4-105)

Out of state executors: Must publish notice in a newspaper and appoint an in-state agent to accept legal papers (Section 5-105 and 5-503)

Witnesses:

Minimum number of witnesses required: Two (Estates & Trusts 4-102)
Are witnesses allowed to be beneficiaries?: Yes (Estates & Trusts 4-102)
Requirements to be a witness, witnesses must:
- be an adult,
- not be the person you assign as your agent, and
- at least one of your witnesses must not be entitled to anything in your will or financially benefit from your death

Property ownership (Financial Institutions 1-204 and Real Property 2-117 and 4-108):

Common law state
If married, then property held jointly is presumed to create a tenancy by the entirety, unless otherwise stated
Joint tenancy requires express language
Bank account deposits held jointly are payable to any survivor named in the bank account
Tenancy in common is recognized in this state

Other types of wills:

Self-proving wills recognized: Yes, recognized (Estates & Trusts 4-102)
Living will: Advanced Medical Directive Health Care Instructions (Health General, Section 5-603) requires two physicians to agree in writing that you are incapable of making your own informed health care decision, but are not unconscious or unable to communicate by other means
Appointment of Health Care Agent (Health General, Section 5-603)
Durable Power of Attorney (Estates & Trusts 13-601)