Legal Question in Wills and Trusts in Maryland

Re: Will or Trust?

I would recommend that the house be left in a

living trust. If you appoint a trustee who is

a friendly successor to your daughter to act

if you daughter becomes disabled or is injured

or killed before she gets the property. A living

trust can also have a so-called "spendthrift

provision" which would prevent creditors of your

daughter from attaching the property. A properly

drafted and executed trust would be difficult to

contest, and an arbitration clause and a so-called

"in terrorem" clause could be included. These

clauses provide for (1) quick resolution of all

disputes and (2) a provision that your other

daughter will forfeit any inheritance if she

unsuccessfully contests the trust. Our firm

has as a primary practice area drafting trusts

of this nature, as well as general estate and

tax planning. There is no obligation for an

initial consultation. Please contact us at

301-464-1400 if we can be of assistance.