Who decides if you cannot
Estate planning begins with a question people avoid: if you were in a hospital bed and could not speak, or if you died tomorrow, who would be in charge, and what would they have to go on? Our professional staff can offer advice on many estate planning needs, and the first meeting at 201 North Charles Street is spent on the answer: your family, your house, your accounts, any business, and the people you trust with each.
Without documents of your own, Maryland law fills the gap, and the result may not be the one you would have picked. A guardian for young children, the person who makes medical decisions, the person who pays your bills during an illness: each is a choice you can make now, on paper, in advance. Clients come from Baltimore City, Baltimore County and Anne Arundel County, and the number to call is (410) 539-0300.
Wills, powers of attorney and guardianship of children
A will says who receives your property and names the personal representative, the person Maryland law charges with settling the estate. If you have minor children, it is also where you name a guardian for them. Property that passes by beneficiary designation, such as retirement accounts and life insurance, or by joint title, goes outside the will, so a sound plan reads the will and those designations together.
Two other documents carry as much weight. A durable power of attorney names someone to handle money and property if you cannot, and an advance directive for health care names someone to speak for your medical wishes. Carl E. Tuerk, Jr., who served on the national Board of Directors of the Alzheimer's Association, advocated for families facing this exact problem: planning for incapacity while the person can still say what they want.
Probate and keeping the plan current
When someone dies, the will goes to the Register of Wills for Baltimore City or for the county where they lived, and the court appoints a personal representative to collect the assets, pay the debts and distribute what remains. That process is called probate. It follows steps and notices set by Maryland law, and the Register of Wills is where the paperwork begins. An attorney can guide the personal representative through each step.
A plan is not finished when it is signed. Marriage, divorce, a new child, a move, a house bought or sold, a business started: each can change who should receive what and who should be in charge. Review the documents whenever life changes, and every few years regardless, with an attorney. Call Cooper & Tuerk at (410) 539-0300 to set a time, or write to the office through the contact page.
