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If you do not have a will, then the laws of Maryland kick in to determine what to do with your assets after your death. Dying without a will is known as dying "intestate," and this is never recommended. Proper will planning with a Rockville, MD estate attorney ensures that your loved ones have the smoothest possible experience after your death and that everything is done according to your wishes. Maryland Intestacy Laws Maryland intestacy laws are quite rigid. The courts are required to follow the rules laid down in the law regardless of a family's unique situation. How your assets are distributed will depend on whether you are married or not and whether you have children or not. If you have living parents, they could also be involved. Married With Children If your children are underage, then your spouse gets half of your assets, and the other half is distributed to your children. If your children are adults, then the process depends on whether the children are also the children of your surviving spouse. If they are not, then your spouse receives the first $100,000 of your estate plus half of the remaining property that goes through probate. The other half is distributed to the children. If the children are also the children of your surviving spouse, then your entire estate goes to your spouse on the assumption that, when your spouse passes, the estate will then be divided equally amongst your children. There is no mechanism in intestacy law for any of your children to receive a lesser or greater portion of your estate. Married But No Children If you do not have any children, then your spouse gets 100% of your probated property. Your parents and siblings would not get anything in this situation, and neither would any stepchildren or foster children, unless you have officially adopted them. Legally adopted children are no different from birth children in the eyes of the law. If you do not have any children, then your spouse gets 100% of your probated property. Your parents and siblings would not get anything in this situation, and neither would any stepchildren or foster children, unless you have officially adopted them. Legally adopted children are no different from birth children in the eyes of the law. If you do not have any children, then your spouse gets 100% of your probated property. Your parents and siblings would not get anything in this situation, and neither would any stepchildren or foster children, unless you have officially adopted them. Legally adopted children are no different from birth children in the eyes of the law. If you do not have any children, then your spouse gets 100% of your probated property. Your parents and siblings would not get anything in this situation, and neither would any stepchildren or foster children, unless you have officially adopted them. Legally adopted children are no different from birth children in the eyes of the law. Not Married and No Children If you are not married and have no children, then your assets are given out to your closest relatives. Your parents would have the first right to your estate in this situation, and your siblings come next if your parents have already passed away. If there are no living parents and no living siblings, then grandparents, aunts and uncles, nieces and nephews, and cousins all stand to inherit your property, depending on the precise situation. The Benefits of Will Planning With a Rockville, MD Attorney When you plan out your will with an attorney, you have the opportunity to determine exactly how you want your assets to be distributed. This can be very important if you have, for example, one child that you know stands in need of more assets than the others. Another benefit to planning your will is that you can adjust your estate in such a way that much of it can avoid probate completely. This simplifies the process enormously for your family as well as ensuring that everything goes exactly where you want it to upon your death. Your assets belong to you and should be distributed according to your will, not the will of the state of Maryland. Contact us at Elville and Associates in Columbia, Rockville, or Annapolis, MD today to ensure your wishes are followed.

Probate can be a time-consuming process, but there are ways to legally avoid it. In Rockville, MD, one solution is to hire an estate attorney to set up a living trust. This can make it easier to distribute assets and prevent the delays that are common with probate. A living trust is a way of arranging assets that can be put in place before you die. There are two different types of living trusts: revocable and irrevocable. The former allows you to retain control during your lifetime and can be canceled. An irrevocable living trust cannot be canceled, and all control of the assets is handed to the trust. Many individuals prefer the flexibility of a revocable living trust as it's much simpler to manage. Although it's possible to add to an irrevocable trust, the options are more limited and some transactions may require court approval. A revocable living trust allows the arrangements to be altered by a lawyer in response to changing living circumstances without any difficulty. What Are the Benefits of a Living Trust? The main benefit of a living trust is that it removes the named assets from the probate process. With a revocable living trust, it's possible to retain full control during your lifetime while also appointing trustees to manage the assets after your death. It also has the potential to minimize estate taxes by strategically distributing assets to take full advantage of exemptions. If you become incapacitated, the named trustees can use the trust to manage your affairs without needing to go to court. This is an additional benefit that provides peace of mind. How Does a Living Trust Differ from a Will? A will can also be used to distribute assets after death, but it is not automatically exempt from probate. This means there may be delays in distributing the estate. It is not possible to use a will to manage assets prior to death, even in the event of incapacity. This doesn't mean that a will has no value. Many individuals set up a "pour-over will" which works in tandem with the trust. Although the assets aren't exempt from probate, they can be added to the living trust for easy management and distribution. This can be helpful to scoop up any assets that were inadvertently missed from the trust. Seek Advice From an Experienced Estate Attorney The legalities around using a living trust and will for maximum benefit can be complex, so it's essential to seek professional advice. A skilled lawyer can help you structure your finances in a way that avoids probate and makes use of all available allowances. It's advisable to review the arrangements with a lawyer regularly to ensure any changes are incorporated into the arrangements. We deliver customized estate planning and are proud to serve clients in Central Maryland, the Eastern Shore, and the Washington Metro area. Contact Elville & Associates in Columbia, MD for professional advice you can trust. We also have offices in Rockville, MD and Annapolis, MD for convenient appointments.