Legal Question in Wills and Trusts in Maryland

Generally, any Will is better than no Will at all. That having been said, a Will that is not properly prepared or is not in compliance with Maryland law (as in many forms books) may end up costing the estate unnecessarily. With the information given, having a proper will drawn up by an attorney shouldn't cost more than a few hundred dollars and should give the widow peace of mind knowing it has been done properly.

Regarding Executor powers, anything that varies from the state default provisions should be spelled out. Again, a professional will know what provisions to include.

You should have a will to select a contingent benficiary just in case of an accident that kills both at the same time. Also, there is an issue regarding the executor. Although she wants her son/daughter as an executor, an interloper (brother, sister, niece, nephew) may interject themselves into the probate matter and request appointment. Finally, there is an issue regarding debts. She can set forth an orderly liquidation of assets to pay off bills if she has a will. These debts would also include taxes and burial expenses.

If you need additional information, please contact me. I practice in the MD/DC area and in Baltimore, 300 E. Lombard Street, Suite 840, Baltimore, MD.