Frequently Asked Questions

Question 1

Do I really need an estate plan if I don't have a lot of assets?

Accepted Answer

Yes — and this is one of the most common misconceptions I encounter. Estate planning isn't just about distributing wealth. It's about naming guardians for your children, designating who makes medical decisions if you're incapacitated, and ensuring your family doesn't have to navigate a court process during an already difficult time. Even a modest estate benefits from a will and powers of attorney.

Question 2

What's the difference between a will and a trust?

Accepted Answer

A will is a legal document that directs how your assets are distributed after death — but it must go through probate court before anything can happen. A trust holds your assets during your lifetime and transfers them at death without court involvement. A trust also works if you become incapacitated, while a will only takes effect at death. Most comprehensive estate plans include both.

Question 3

How much does estate planning cost?

Accepted Answer

The cost depends on the complexity of your plan — a simple will and powers of attorney costs significantly less than a full revocable living trust package. I offer flat-fee pricing for most estate planning services so you know exactly what you're paying before we begin. Schedule a consultation and I'll give you a clear quote based on your situation.

Question 4

How long does it take to complete an estate plan?

Accepted Answer

For most clients, the process takes 2–4 weeks from our initial consultation to signed documents. We'll meet to discuss your goals, I'll draft the documents, you'll review them, and we'll schedule a signing appointment. More complex plans — those involving business interests, special needs beneficiaries, or Medicaid planning — may take longer.

Question 5

When should I update my estate plan?

Accepted Answer

You should review your estate plan after any major life event: marriage, divorce, the birth or adoption of a child, the death of a beneficiary or named fiduciary, a significant change in assets, or a move to a new state. As a general rule, I recommend reviewing your plan every 3–5 years even if nothing has changed — laws evolve and your circumstances may have shifted in ways you haven't considered.

Question 6

Do I need an estate plan if I'm young and healthy?

Accepted Answer

Especially if you're young and healthy. Incapacity can happen at any age — an accident, a sudden illness, a medical emergency. Without a power of attorney and healthcare directive, your family may have no legal authority to manage your finances or make medical decisions on your behalf. The best time to plan is before you need it.

Question 7

What happens if I die without a will in Maryland or D.C.?

Accepted Answer

You die "intestate," and the state distributes your estate according to a fixed formula — not your wishes. In Maryland, if you're married with children, your spouse receives the first $40,000 plus half the remainder; your children split the rest. Unmarried partners receive nothing. The court appoints an administrator, and the process is public. A will gives you control over who gets what and who manages the process.

Question 8

Can I write my own will?

Accepted Answer

Maryland and D.C. recognize handwritten (holographic) wills in limited circumstances, and online will services exist — but DIY wills are one of the most common sources of probate disputes and unintended consequences I see. Ambiguous language, improper execution, missing witnesses, or failure to account for all assets can invalidate a will or produce results you never intended. The cost of a professionally drafted will is a fraction of what a contested estate costs.

Question 9

Does a trust avoid probate?

Accepted Answer

Yes — but only for assets that are actually transferred into the trust. A trust that isn't funded is just a document. Part of my process includes helping you fund your trust: retitling accounts, transferring real property by deed, and updating beneficiary designations so your assets actually flow through the trust as intended.

Question 10

Can I be the trustee of my own trust?

Accepted Answer

Yes. With a revocable living trust, you typically serve as your own trustee during your lifetime — maintaining full control over your assets. You name a successor trustee to step in if you become incapacitated or when you pass away. This is one of the key advantages of a trust over a will: seamless management without court involvement.

Question 11

What is a pour-over will and do I need one?

Accepted Answer

A pour-over will is a companion document to your trust. It directs that any assets not already in your trust at death — perhaps an account you forgot to retitle — "pour over" into the trust and are distributed according to its terms. It also allows you to name guardians for minor children, which a trust cannot do. If you have a trust, you need a pour-over will.

Question 12

Can I disinherit someone in my will?

Accepted Answer

In Maryland and D.C., you can generally disinherit anyone except your spouse, who has a statutory right to an "elective share" of your estate regardless of what your will says. To disinherit a child or other family member, it's best to explicitly name them and state your intent — silence can invite a legal challenge.

Question 13

What is a durable power of attorney?

Accepted Answer

"Durable" means the power of attorney remains effective even if you become mentally incapacitated. A non-durable POA terminates when you lose capacity — which defeats the purpose for estate planning. All financial powers of attorney I draft are durable.

Question 14

What's the difference between a financial POA and a healthcare proxy?

Accepted Answer

A financial (or general) power of attorney authorizes your agent to manage your money, property, and financial affairs. A healthcare proxy (or healthcare power of attorney) authorizes your agent to make medical decisions on your behalf. These are separate documents covering separate domains — you need both.

Question 15

What is an advance directive?

Accepted Answer

An advance directive (sometimes called a living will) records your wishes about end-of-life medical care — whether you want life-sustaining treatment if you're in a terminal condition, your preferences about artificial nutrition and hydration, and your wishes about organ donation. It guides your healthcare agent and your medical team when you can't speak for yourself.

Question 16

Can my agent use my power of attorney to give themselves my assets?

Accepted Answer

Not without explicit authorization. A power of attorney can be drafted to prohibit self-dealing or gifts to the agent. I include protective language in every POA I draft, and I advise clients to choose agents they trust completely — because even with safeguards, an agent with bad intentions can cause harm before anyone notices.

Question 17

What happens if I become incapacitated without a power of attorney?

Accepted Answer

Your family has no legal authority to act on your behalf — even for basic tasks like paying your mortgage or accessing your bank account. The only alternative is a court-supervised guardianship or conservatorship proceeding, which is expensive, time-consuming, and public. A power of attorney costs a fraction of what a guardianship proceeding costs.

Question 18

How long does probate take in Maryland?

Accepted Answer

A typical Maryland probate estate takes 9–18 months from opening to closing. The creditor claim period alone is 6 months. Contested estates or those with complex assets can take significantly longer. Small estates (under $50,000, or $100,000 if the surviving spouse is the sole heir) qualify for a simplified procedure that can be completed in weeks.

Question 19

What is a personal representative and what do they do?

Accepted Answer

A personal representative (called an executor in some states) is the person appointed by the court to administer the estate. Their responsibilities include gathering and inventorying assets, notifying and paying creditors, filing tax returns, and distributing assets to beneficiaries. They can be held personally liable for mismanagement — which is why having an attorney guide the process matters.

Question 20

Does everything go through probate when someone dies?

Accepted Answer

No. Assets held in a trust, accounts with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts), and jointly owned property with right of survivorship all pass outside of probate. Only assets held solely in the deceased's name without a beneficiary designation must go through the probate process.

Question 21

Can probate be contested?

Accepted Answer

Yes. A will can be challenged on grounds of lack of testamentary capacity, undue influence, fraud, or improper execution. Creditor claims can be disputed. The personal representative's conduct can be challenged. If you're facing a contested estate — as a beneficiary, creditor, or personal representative — I can represent your interests.

Question 22

What if the deceased had no will?

Accepted Answer

The estate is distributed according to Maryland or D.C. intestacy law — a fixed statutory formula that may not reflect what the deceased would have wanted. The court appoints an administrator (usually the closest next of kin) to manage the process. Unmarried partners, stepchildren, and close friends receive nothing under intestacy law regardless of the relationship.

Question 23

What is the Medicaid 5-year look-back period?

Accepted Answer

Medicaid has a 5-year look-back period for asset transfers. If you transfer assets — including into a trust or to your children — within 5 years of applying for Medicaid long-term care benefits, those transfers can trigger a penalty period during which Medicaid will not pay for your care. This is why Medicaid planning must be done early — ideally 5 or more years before you anticipate needing long-term care.

Question 24

Can I protect my home from Medicaid estate recovery?

Accepted Answer

Yes — with proper planning. Maryland participates in Medicaid estate recovery, meaning the state can file a claim against your estate for the cost of Medicaid benefits paid on your behalf. A Medicaid Asset Protection Trust (MAPT) or life estate deed, established before the 5-year look-back period, can protect your home from recovery. The earlier you plan, the more you can protect.

Question 25

Is asset protection only for wealthy people?

Accepted Answer

Not at all. The most common asset protection need I see is protecting a family home from Medicaid estate recovery — a concern for middle-class families, not the wealthy. Anyone who owns a home, has savings, or runs a business has something worth protecting. The strategies available to you depend on what you own and how early you plan.

Question 26

Can I protect my assets after I've already been sued?

Accepted Answer

Once a lawsuit is filed or a debt is incurred, options are significantly limited. Transfers made to avoid a known creditor can be challenged as fraudulent conveyances and unwound by a court. Asset protection planning must happen before a threat arises — not after. If you're already facing a legal threat, contact me immediately to discuss what options remain.

Question 27

How does a Medicaid Asset Protection Trust work?

Accepted Answer

A MAPT is an irrevocable trust that holds your assets — typically your home and savings — outside of your countable assets for Medicaid purposes. You give up direct ownership, but a trustee (often a trusted family member) manages the assets for your benefit. After the 5-year look-back period passes, those assets are protected from Medicaid spend-down and estate recovery.

Question 28

What is a Veteran's Trust and who qualifies?

Accepted Answer

A Veteran's Trust is a specialized irrevocable trust that helps veterans and surviving spouses qualify for VA pension benefits — including Aid & Attendance — by repositioning assets to meet the VA's net worth rules. Veterans who served at least 90 days of active duty with at least one day during a period of war, and who need help with daily activities, may qualify. Surviving spouses of qualifying veterans may also be eligible.

Question 29

What is a Gun Trust and why do I need one for NFA items?

Accepted Answer

A Gun Trust (NFA Trust) is a specialized revocable trust designed to hold firearms regulated under the National Firearms Act — suppressors, short-barreled rifles, machine guns, and other Title II weapons. Without a gun trust, only the registered owner can legally possess an NFA item. A gun trust allows named co-trustees (spouse, adult children, trusted friends) to legally possess and use the items, simplifies ATF transfers, and ensures the collection passes without probate.

Question 30

Can a Pet Trust cover multiple animals?

Accepted Answer

Yes. A single pet trust can cover all of your animals. You can specify different caregivers for different pets, include individual care instructions for each animal, and designate how remaining funds should be distributed after your last pet passes. Maryland and D.C. both recognize statutory pet trusts, making them legally enforceable.

Question 31

What is a Special Needs Trust and how does it protect government benefits?

Accepted Answer

A Special Needs Trust (SNT) holds assets for a person with a disability without counting those assets against their eligibility for Medicaid or SSI. Without an SNT, leaving money directly to a person with a disability — even with the best intentions — can disqualify them from the benefits that pay for their housing, healthcare, and daily support. An SNT lets you provide for them without that risk.

Getting Started

Schedule a free consultation

Educational Resources

A message from the attorney

Without a plan, families pay the price

Protecting your family with a solid plan

Why you need to check your deed

Will vs. Trust: What's the Difference?

The Probate Process Explained

Protecting Your Home from Medicaid

Powers of Attorney: Who Speaks for You?

Special Needs Trusts: Protecting Benefits

Gun Trusts, Pet Trusts & Veteran's Trusts

Your questions answered. Your plan in place.

Frequently Asked Questions — Estate Planning