Susan C. Trimble, Esq
The Law Office of Susan C. Trimble, LLC
1400 W. Lombard Street, Suite 901
Baltimore, MD 21223
Phone: 1-(410) 878-7006
Fax: 1-(206) 888-4783
FAQ – Estate Planning
Testimonials
Q. What happens if I die without a will? A. When a person dies without leaving a valid will, their property (the estate) must be shared out according to certain rules. These are called the rules of intestacy. A person who dies without leaving a will is called an “intestate” person. Intestate was borrowed into English in the 14th century from Latin intestatus, which was itself formed by combining the prefix in- (“not”) and the adjective testatus ("witness"), and meaning “not having left a valid will.” If someone dies without a will, or even with a will but it is not legally valid, the laws and rules of intestacy decide how the estate will be shared out.
Q. So who gets my stuff if I die without a will? The following is a guide to Maryland Intestacy law: a husband or wife must have survived the deceased by 45 days if they are to be classified as a beneficiary; under the rules of intestacy, a partner who wasn’t married or in a civil partnership with the deceased at the time of death has no automatic right to inherit; legally adopted sons and daughters are classified as the deceased’s children; however, stepchildren cannot inherit under the intestacy rules; a half-blood sibling is a brother or sister who shares one parent with the deceased; a half-blood aunt or uncle is the child of one of the deceased’s grandparents.
Q. What is the cost of making a will? Please see PRICING on the Home Screen.
Q. What do you charge for your other legal services? Personal Injury cases - - are on a contingency basis, meaning there is no fee to you at all, unless we win. If we win, the firm takes a percentage of the win. Business & Consumer disputes, Contract review & drafting, Assistance with insurance claims, etc. - are on an hourly basis, cost varies depending on complexity.
Q. Does Maryland recognize partners who are not married as joint owners of property? No, A surviving partner who wasn’t married with the deceased has no automatic right to inherit. Conversely, if you are still legally married at the time of your death, even if separated, without a will, your spouse is still likely to inherit all or the first chunk of your estate, unless you make arrangements to avoid this result.
Q. What is Inheritance Tax? Inheritance Tax is a tax on the estate (the property, money and possessions) of someone who’s died.
Q. I am separated but I own a house with my spouse, who gets my share of the house if I die without a will? That depends. If you own property with another person as “joint tenants” with right of survivorship, the property will pass directly to the remaining joint tenant upon your death and will not be a part of your probate estate. Most married people who purchased a home together are named as Joint Tenants on the deed. This means even if you are separated, your spouse will get the entire house. The only way to know is to check the wording in the deed. If you own the property however as “tenants in common,” this means your share of the house will be disbursed however you dictate in your will, and will not automatically be distributed to your spouse. It is very important that you leave your property to those you intend to inherit it. This is why it is so important to consult an experienced estate planning attorney.
Q. What is a Durable Power of Attorney (POA)? A financial Power of Attorney A As you would imagine, you give someone else the power to make decisions in your absence. This can include everything relating to your property and financial affairs, or you can limit the power you give to a specific transaction. This is especially useful if you wish to conduct financial transactions (such as buying or selling a house or a car, obtaining insurance, etc). You can name someone you trust to act as a temporary or limited Power of Attorney for only a specific transaction or purpose. A "durable" power of attorney, means that the powers given are "durable", meaning they will continue even if you lose capacity to make decisions on your own. Note that a Power of Attorney can be revoked at any time, or on a set date. Advance Healthcare Directive An Advance Healthcare Directive names someone you trust to be your Healthcare Agent to make health decisions such whether you should be given life sustaining treatment if you are in an end of life stage, or whether you will be repeatedly resuscitated should you fall seriously ill and other such important life or medical issues. If you name a Healthcare Agent, the agency does not become effective in Maryland unless two doctors, examine you and determine you are unable to make decisions on your own.
Q. What is a Trust? A financial Power of Attorney A As you would imagine, you give someone else the power to make decisions in your absence. This can include everything relating to your property and financial affairs, or you can limit the power you give to a specific transaction. This is especially useful if you wish to conduct financial transactions (such as buying or selling a house or a car, obtaining insurance, etc). You can name someone you trust to act as a temporary or limited Power of Attorney for only a specific transaction or purpose. A "durable" power of attorney, means that the powers given are "durable", meaning they will continue even if you lose capacity to make decisions on your own. Note that a Power of Attorney can be revoked at any time, or on a set date. Advance Healthcare Directive An Advance Healthcare Directive names someone you trust to be your Healthcare Agent to make health decisions such whether you should be given life sustaining treatment if you are in an end of life stage, or whether you will be repeatedly resuscitated should you fall seriously ill and other such important life or medical issues. If you name a Healthcare Agent, the agency does not become effective in Maryland unless two doctors, examine you and determine you are unable to make decisions on your own.
