Estate Planning & Probate/Trust Administration

Our attorneys will handle your unique case from beginning to end.

Our services include wills, living trusts, powers of attorney, and health care directives. We also assist with all aspects of the probate process and trust administration.

Wills

A confusing or poorly written will can cause a lot of trauma after the passing of a loved one.

A will is a written instrument that provides for the disposition of an individual’s property upon their death.

It is essential that you use an attorney to draft a will for the correct disposition of your property, tax planning if needed, and planning for minor children. Our attorneys will work with you to ensure that you execute the will properly for you and your family.

Living Trusts

A living trust is an “entity” created by a person while alive to hold their property.

Upon the creator’s death, that entity continues to exist, so the property owned by the trust does not have to pass through probate.

A grantor or settlor creates the trust, and a trustee manages it. The wealth within the trust benefits a beneficiary or several beneficiaries. Initially, these three persons may all be the same.

Trusts are estate planning tools used for probate avoidance and property management. They include tax planning mechanisms and planning mechanisms for minor children or beneficiaries with disabilities.

However, trusts are not for everyone and our attorneys will discuss all estate planning options with you and work with you to create a plan that is tailored to you and your family’s specific needs.

Powers of Attorney

A power of attorney is a document where a principal appoints an agent to act on their behalf.

A power of attorney can be general or specific and can be effective immediately or can be “springing,” which means it becomes effective upon the occurrence of an event.

The power of attorney is an important tool because it allows the agent to manage the person’s affairs if they become disabled.

Powers of attorney are essential planning tools, now governed by a specific Maryland statute. Individuals should sign the Maryland General or Limited Power of Attorney Form.

Healthcare Directives

Communicate your healthcare directives before it’s too late.

Maryland’s Health Care Decision Act, adopted in 1994, permits an individual to execute an advanced directive.

This is a valuable planning tool concerning your healthcare decision-making.

For example, you can choose whether to sign a living will, which designates your decision to be interpreted in the future when you cannot communicate your decisions. You can also sign an appointment of a health care agent, which appoints another individual who can make decisions on your behalf if you cannot communicate your own decisions.

Probate/Trust Administration

The loss of a loved one is a stressful event, and every person’s grieving process is complex and different.

When a loved one is appointed as the Personal Representative (i.e., the Executor) or a Trustee of a trust, this can be stressful – both in terms of the work to perform these roles, and in the time it takes to handle these responsibilities. Our attorneys will assist with every step of the probate process as needed, including the opening of an estate, assistance with handling any expenses of and claims against an estate, and coordinating and distributing an estate’s assets to the heirs/legatees of the person who passed away.

Our attorneys will also assist with all aspects of the administration of a trust, including the transition that occurs when the trust’s grantor passes away.

Get representation precisely positioned for your case.

Schedule a Consultation

St. Mary’s County Office
22738 Maple Road, Suite 210
Lexington Park, MD 20653

Calvert County Office
100 Harrow Lane, Suite 102
Prince Frederick, MD 20678

T 301-862-3764 | F 301-862-3789 | E info@paxlawyers.com

Disclaimer: The contents of this website should not be construed as legal advice on any specific fact or circumstance. Its content was prepared by Dugan, McKissick & Longmore, LLC (a Maryland law firm organized as a limited liability company with its principal office at 22738 Maple Road, Suite 210, Lexington Park, MD 20653 phone number 301-862-3764). It was designed for general information purposes only. Your receipt of such information does not create an attorney-client relationship with Dugan, McKissick & Longmore, LLC or any of its attorneys. You should not act or rely on any of the information contained herein without seeking professional legal advice. Dugan, McKissick & Longmore, LLC’s lawyers are licensed in Maryland and Virginia. While we welcome you to contact us by phone or email, contacting us does not create an attorney/client relationship. Please do not send us any confidential information until we have established an attorney/client relationship.