Legal Pitfalls to Avoid When Creating a Will in Maryland

Creating a will is one of the most important steps you can take to ensure that your assets are distributed according to your wishes after you pass away. In Maryland, the process of drafting a will might seem simple, but there are numerous legal pitfalls that individuals can fall into if they do not approach it carefully. From improper execution to unclear language, these mistakes can lead to your will being challenged or even invalidated. It is crucial to understand the common issues that can arise when preparing a will in Maryland and how to avoid them. By ensuring that you take the necessary precautions, you can provide peace of mind to yourself and your loved ones. At, Hartman, Attorneys At Law , we are here to guide you through the legal process and help you navigate the complexities of your case.

C. Edward Hartman III

Christian Hartman

Zachary Zepko

Improper Execution of the Will

One of the most common mistakes people make when creating a will in Maryland is failing to execute the document properly. In Maryland, a will must be signed by the person making the will, known as the testator, in the presence of at least two witnesses. These witnesses must also sign the will in the presence of the testator. If this process is not followed exactly as required by Maryland law, the will may be deemed invalid. Some people make the mistake of assuming that a handwritten or typed document without witnesses is sufficient, but in Maryland, this is not the case. Ensuring that all legal requirements are met during the execution of the will is essential to avoid any potential disputes in the future.

Lack of Clarity in Language

Another pitfall that can occur when creating a will is the use of unclear or ambiguous language. In Maryland, as in other states, the courts strive to honor the intent of the testator. However, if the language used in the will is vague, it can lead to misunderstandings and disputes among beneficiaries. For instance, if you leave “all personal belongings” to a family member without specifying what items fall under this category, it could lead to confusion or conflict. It is important to be as specific as possible when naming beneficiaries, distributing assets, and outlining your final wishes. Clear and precise language ensures that your will is easily understood and less likely to be contested in court.

Not Updating the Will Regularly

Many people make the mistake of creating a will and then forgetting about it for years, assuming that it will always reflect their current wishes. However, life circumstances change, and it is crucial to update your will accordingly. Significant life events, such as marriage, divorce, the birth of children, or the acquisition of new assets, can affect the way you want your estate to be distributed. In Maryland, failure to update your will can result in unintended consequences. For example, if you have divorced and remarried but have not updated your will, your former spouse may still inherit under the terms of the outdated document. To avoid this, it is important to review and update your will periodically to ensure it remains in line with your current wishes.

Failing to Consider All Assets

A common mistake when creating a will is failing to account for all of your assets. Many people only think about tangible property, such as homes, vehicles, and personal belongings, but it is important to include all of your assets in your will. This includes bank accounts, retirement funds, life insurance policies, and investments. In Maryland, certain assets, such as those held in joint tenancy or payable-on-death accounts, may not pass through the will and instead go directly to the named beneficiary. However, if you do not include these assets in your estate planning, they may not be distributed as you intended. It is important to have a comprehensive understanding of your assets and how they will be distributed upon your death.

Overlooking Guardianship for Minor Children

For parents, one of the most critical aspects of creating a will is naming a guardian for minor children in the event of your death. In Maryland, if you fail to name a guardian, the court will decide who will take care of your children, which may not align with your preferences. Naming a guardian in your will ensures that your children are cared for by someone you trust. However, it is important to discuss your decision with the person you are considering as a guardian to ensure they are willing and able to take on the responsibility. Failing to appoint a guardian or not communicating your wishes clearly can lead to confusion and disputes.

Ignoring the Importance of a Personal Representative

In Maryland, the personal representative, also known as the executor, is the individual responsible for carrying out the terms of your will and managing your estate after your death. Choosing the right personal representative is a critical decision. Many people make the mistake of choosing a family member or close friend without considering whether that person is capable of handling the responsibilities of the role. The personal representative must be organized, trustworthy, and capable of managing complex legal and financial matters. In Maryland, the personal representative is responsible for tasks such as filing the will with the court, paying debts, and distributing assets to beneficiaries. Choosing someone who is not suited for this role can lead to delays, legal challenges, and unnecessary stress for your loved ones.

Failing to Plan for Estate Taxes

Although Maryland estate taxes only apply to estates above a certain value, it is important to consider the potential tax implications when creating your will. Maryland has both an estate tax and an inheritance tax, and failing to account for these taxes can reduce the value of your estate for your beneficiaries. In 2024, the Maryland estate tax exemption is set at $5 million, but if your estate exceeds this amount, it may be subject to taxation. It is important to understand the tax implications of your estate and consider strategies to minimize the impact of estate taxes on your beneficiaries. This may include setting up trusts or making charitable donations, depending on your financial situation.

Relying on Online Templates

Many people attempt to create a will using online templates, thinking it will save them time and money. However, relying on these templates can lead to significant legal pitfalls. Online templates are often generic and may not comply with Maryland’s specific legal requirements for wills. Additionally, these templates may not address your unique circumstances or the complexities of your estate. If your will does not meet Maryland’s legal standards, it may be invalid, which can result in costly legal disputes for your loved ones. It is always advisable to seek professional guidance when creating a will to ensure that it complies with Maryland law and reflects your wishes accurately.

Neglecting to Plan for Contingencies

When creating a will, it is important to plan for contingencies. Many people focus solely on naming beneficiaries and distributing assets but fail to consider what will happen if one of their beneficiaries predeceases them or is unable to inherit. In Maryland, if you do not provide for contingencies, your assets may be distributed according to state intestacy laws, which may not align with your wishes. It is important to include alternate beneficiaries and instructions for how your estate should be handled in the event that your primary beneficiaries are unable to inherit. By planning for contingencies, you can ensure that your estate is distributed according to your wishes, no matter what happens.

Creating a will in Maryland requires careful consideration and attention to detail. Avoiding these common legal pitfalls is essential to ensuring that your will is valid and that your wishes are carried out after your passing. From properly executing the will to planning for contingencies, each step in the process plays a critical role in protecting your estate and your loved ones. To ensure that your will is legally sound and that your estate is handled according to your wishes, it is important to seek professional guidance.

At Hartman, Attorneys at Law, we are here to help you navigate the complexities of estate planning in Maryland. Our experienced legal team can provide you with the guidance you need to create a will that reflects your wishes and protects your loved ones. Contact Hartman, Attorneys at Law, today to schedule a consultation and take the first step in securing your family’s future.