Wills & Probate FAQs

1.   I recently moved to this area from another state. Do I have to rewrite my will?

No. As long as your will complies with the legal requirements of the state where you were living at the time you wrote it, Maryland or DC will recognize it. But it's a good idea to have your estate documents checked over to make sure everything is in order.

2.   My daughter thinks I should put her name on the deed to my house now to avoid probate when I die. Is this a good idea?

It probably isn't. Unless this is your only asset, your estate will still have to go through some form of probate. And if you've owned your home for a number of years, your daughter might have a much higher tax bill when she sells the property than she would if leave it to her in your will.

3.   My parents are aging and starting to show signs of memory loss. If they give me a power of attorney to conduct their affairs now and later lose their faculties, will I still be able to take care of things?

Yes—if the power of attorney is properly written so that it survives your parents' loss of mental capacity. This is known as a durable power of attorney.

4.   I want my teenage son to be taken care of if I die, but I'm afraid he wouldn't be mature enough to responsibly handle my estate assets if I die before he's at least out of college. What can I do?

Your will can contain a provision known as a testamentary trust. This provision appoints someone you trust to control and manage your property for the benefit of your son until he reaches whatever age you feel he will be old enough to take care of his own affairs.