Saturday, November 28, 2009

Wills in Maryland

In Maryland, if you are 18 years old or older and legally competent you can divide your estate and select an executor through a will. The will must have the following formalities:

(1) It must be in writing;

(2) It must be signed by the testator, or by some other person for him, in his presence and by his express direction; and

(3) It must be attested and signed by two or more credible witnesses in the presence of the testator.

If you already have a will when you move to Maryland, you may not have to pay a Maryland attorney to draft another will if:

(1) the will is in writing


(2) one of the following applies:

(a) the will is executed in accordance with the above list;

(b) the will is executed in accordance with the law of the domicile
of the testator; or

(c) the will is executed in accordance with the laws of the place of execution.

Nevertheless, when a person moves into the state with a will or if she just wants to make modifications to the current document, she must do so in accordance with the law. Additionally, for births, deaths, divorces, or other major life events, you should review your will and seek the advice of an attorney.

This review is essential after an absolute divorce. Upon termination of the marriage, all provisions in the will relating to the former spouse will be revoked unless specified in the will or divorce decree. As a result, the testator has to decide who will receive those items previously designated for the former spouse.

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