Digital Assets and Estate Planning

Digital assets, such as online accounts, social media profiles, cryptocurrency, digital photos, and documents, are becoming an increasingly important consideration when planning your estate. These assets are generally governed by the terms of your will and any power of attorney (POA) document, but there are specific legal rules you should be aware of to ensure everything is handled properly.

Some people keep even more assets in cyberspace: client records, patient records, inventory, customer databases, websites, blogs and cryptocurrency. There are also digital assets like non-fungible tokens, NTFs, online gaming and Metaverse assets.

With fewer than a third of all adults in the US having a last will in 2024, even fewer have planned for digital assets. Failing to plan for digital assets leaves a nightmare for loved ones when settling an estate. It puts assets at risk of being stolen or lost completely. Identity theft is also far easier when no one’s taken control of or deleted digital assets.

Start preparing for your digital demise by creating a thorough digital inventory. Include URLs for the accounts, your username and password, the account number and value and how the account is accessed. If the account requires two-factor identification through email or text, ensure that your digital executor has this information and access to the physical device.

The next step is to review which platforms allow you to designate a person to take control of your assets if you become incapacitated or die. Google, Facebook and Apple let you designate someone to be a “legacy” contact—the name of the role changes with the platform.

There are nuances to be aware of. You’ll need to decide whether you want someone to have access to the account and the ability to read its contents or just access the account to delete it. If you have private emails, documents, or electronic materials you don’t want anyone to access, you’ll need to be very specific about what you do and don’t want your designated digital person to do.

Figuring out how to manage digital assets isn’t just about what happens when you die. If you become incapacitated, would your spouse be able to pay the electric bill, access mortgage statements, or pay the phone bill?

Also, you may want to reconsider if you manage your personal life through your work email. Your work email does not legally belong to you but to your employer. Your emails can be read by anyone at your workplace with access and authority, including the IT department, supervisors and CEOs. Most employers shut down email access immediately after a person leaves their job or when they learn of an employee’s death. It is wiser to have a personal email for your personal life.

Digital assets require estate planning, just as tangible, traditional assets do. You’ll want to name an executor in your will and/or trust to manage your digital assets. Additionally, Make sure your POA explicitly grants the agent authority to manage your digital assets. If you own cryptocurrency or NFTs, talk with your estate planning attorney about protecting them as part of your estate plan.

By addressing these issues in your estate planning documents and making the proper provisions, you can ensure that your digital assets are managed according to your wishes after death or incapacity. Schedule a consultation with one of our experienced estate planning attorneys at Sims & Campbell in Annapolis and Towson, Maryland.

Obtaining Power of Attorney for Parents

As parents age, it becomes increasingly important to plan for the possibility that they may need assistance managing their financial affairs or making healthcare decisions. Without proper legal documentation, adult children may face significant obstacles in handling their parents’ needs, especially in cases of cognitive decline or medical emergencies. A power of attorney (POA) is a legal document that designates a trusted individual to act on another person’s behalf in financial, medical, or personal matters. Obtaining a POA before a crisis arises ensures a smooth transition of responsibilities and prevents costly legal battles.

What Is a Power of Attorney?

A power of attorney grants legal authority to a designated person, known as an agent or attorney-in-fact, to make decisions on behalf of another individual, known as the principal. The scope of authority varies depending on the type of POA.

Types of Power of Attorney

  • Financial Power of Attorney – The agent can manage financial matters, such as paying bills, handling investments and managing property.
  • Medical Power of Attorney (Healthcare Proxy) – Authorizes the agent to make healthcare decisions if the principal becomes incapacitated.
  • General Power of Attorney – Grants broad authority over financial and legal matters. However, it typically ends if the principal becomes incapacitated.
  • Durable Power of Attorney – When “durable,” the POA remains in effect even if the principal is unable to make decisions due to illness or injury.
  • Limited (or Special) Power of Attorney – Provides authority for a specific transaction or period.

Choosing the right type of POA ensures parents receive the support they need while maintaining as much independence as possible.

Steps to Obtain a Power of Attorney for Your Parents

1. Start the Conversation Early

Many families delay discussing estate planning because of discomfort around aging and incapacity. However, waiting too long can result in complicated legal hurdles if a parent becomes unable to grant POA due to cognitive decline.

Approach the conversation sensitively, emphasizing that a POA protects their wishes and prevents unnecessary stress. Highlighting real-world examples of families who struggled without one may encourage proactive decision-making.

2. Determine the Right Type of POA

Assess your parent’s needs and preferences to determine the most appropriate POA. A durable financial POA may be suitable if they require help managing finances. A medical POA is essential to ensure that future healthcare decisions align with their wishes.

Some states, such as Maryland, have a standard statutory power of attorney. The State of Maryland recently made changes to their statutory document in October 2023, so it is important to consult with one of our experienced estate planning attorneys to determine if the changes are applicable to you.

3. Choose a Trusted Agent

The person granted POA should be responsible, financially stable and able to handle difficult decisions. While many parents choose an adult child, they may also select a trusted family friend, financial advisor, or attorney.

The agent should be someone who:

  • Understands the parent’s values and preferences
  • Is capable of managing finances and healthcare decisions responsibly
  • Will act in the parent’s best interests without personal bias

Naming an alternate agent is also recommended if the primary agent is unable or unwilling to serve when needed.

4. Draft the POA Document

A POA must be properly drafted and executed according to state laws to be legally valid. While online templates exist, they may not provide the necessary legal protections. An estate planning attorney ensures that the document:

  • Complies with state-specific legal requirements
  • Clearly defines the agent’s powers and limitations
  • Includes provisions to prevent abuse or mismanagement

5. Sign and Notarize the POA

Most states require signing the POA in front of a notary public. Some states also require witnesses, particularly for medical POAs.

Once signed, distribute copies to relevant parties, including:

  • Financial institutions (for financial POAs)
  • Healthcare providers (for medical POAs)
  • Family members involved in caregiving

Keeping the original document in a secure but accessible location ensures that it is available when needed.

What Happens If No Power of Attorney?

If a parent becomes incapacitated without a POA in place, family members must petition the court for guardianship or conservatorship. This process is:

  • Time-consuming – Court proceedings can take months, delaying essential decision-making.
  • Expensive – Legal fees can accumulate quickly.
  • Emotionally challenging – Family members may disagree over who should be appointed guardian.

A properly executed POA prevents court involvement and ensures that a trusted individual is legally authorized to act on the parent’s behalf.

Common Misconceptions about Powers of Attorney

“I’ll Just Handle It when the Time Comes”

Many adult children assume they can automatically step in and manage a parent’s affairs in an emergency. However, financial institutions and healthcare providers will not grant access to accounts or medical records without a POA.

“A Will Covers Everything”

A will governs estate distribution after death—it does not grant decision-making authority during a parent’s lifetime. A POA is essential for managing affairs while they are still alive.

“POAs are Only for the Elderly”

While POAs are critical for aging parents, they are equally important for adults of any age. Unexpected accidents or illnesses can leave individuals unable to make decisions, making a POA a valuable safeguard for all adults.

Key Takeaways

A POA ensures financial and medical decision-making: Without it, family members may need to go through costly court proceedings to obtain legal authority. Contact us today to plan for incapacity.

  • The right POA depends on the parent’s needs: Financial, medical and durable POAs serve different purposes and should be chosen carefully.
  • A POA must comply with state laws: Improperly executed documents may not be legally valid, making professional guidance essential.
  • Without a POA, court intervention is required: If a parent becomes incapacitated without a POA, family members may need to pursue guardianship, which can be time-consuming and expensive.
  • Starting the conversation early prevents future stress: Delaying POA discussions can lead to legal complications and unnecessary burdens for family members.

Reference: A Place for Mom (Aug. 5, 2024) “A Beginner’s Guide to Power of Attorney for Elderly Parents”

How to Create an Estate Plan That Works

An estate plan tells your loved ones and the courts how you want to divide your property, as well as protecting heirs from the expenses and stress created when there is no estate plan. An estate plan also saves your family from months, even years, of dealing with courts and government bureaucracies in settling your estate.

How to start? Follow these steps.

Make a complete inventory of your assets, both tangible and intangible. Your Estate is made up of different assets such as real estate, cars, financial accounts, digital assets, life insurance, retirement accounts, pension accounts and personal property. Save your heirs from a scavenger hunt and protect assets from being lost.

Decide who you want to care for your family. If you have children who are underage, name a guardian in your will. The guardian often serves as the conservator, managing the children’s financial assets. Check on your life insurance policies, which provide funds for your family after you’ve passed.

Ask potential personal representatives if they are willing to do the work. The personal representative carries out directions in your will. It can be a big responsibility. They’ll need to gather and manage assets of your estate, notify heirs, Social Security, Medicare, pay estate taxes, secure and possibly sell your home, and more.

Have an experienced estate planning attorney set up at least three key elements: a will, power of attorney, and advance medical directive.

The Will names a guardian and a personal representative (also known as an executor) and gives directions for distributing assets. The biggest estate planning mistake people make is not having a will. When this happens, the court assigns someone to manage your estate, and your family will have to live with whatever the court-appointed person decides.

A Power of Attorney allows someone to care for your business affairs if incapacitated.

An Advance Medical Directive (“AMD”) will enable you to name someone to be involved with your healthcare, speak with your doctors and health insurance company, and help make decisions for you. These documents should be customized to convey your wishes as to how much or how little you want these people to be able to do. An advanced healthcare directive is also used to state your wishes if you are incapacitated about what kind of treatment you do or do not want to receive if you are at the end of your life. This document can be challenging to consider. However, it is a blessing to spare your family from having to guess your wishes during a time of crisis.

Discuss the use of a trust with an estate planning attorney. Trusts are not just for wealthy people. Some trusts take assets from your taxable estate and distribute them directly to beneficiaries outside of probate. Many kinds of trusts serve different purposes, so your estate planning attorney will help you understand which is best for your purposes.

Determine who to leave your assets to and how to structure your estate. If you have young children and you don’t establish the correct trusts, they may inherit everything when they turn 18 or 21. This is rarely a good idea.

Tax planning is a part of estate planning. Your estate may face federal, estate, and/or inheritance taxes. Rates and exemptions are different in every state. This is why it is important to disclose all of your assets and their values to your estate planning attorney.

The incapacity planning part of an estate plan is for you. However, the rest is for your family, to take care of them and show them how much you care about them and their futures.

Contact us today to schedule a complimentary initial consultation with one of our experienced estate planning attorneys. They will walk you through our unique Sims & Campbell firm process and guide you on the next steps in creating your custom estate plan.

How Divorce Affects an Estate Plan

Divorce changes not only a person’s financial and personal life but also the way their assets will be handled after death. Many people overlook the importance of updating estate planning documents after a divorce, which can result in unintended beneficiaries receiving inheritances or former spouses retaining control over critical financial and medical decisions. Taking the time to revise an estate plan ensures that assets are protected and aligned with post-divorce goals.

How Divorce Affects Your Estate Plan

Divorce changes personal and financial circumstances and how assets will be distributed after death. Many forget to update their estate plans, leaving former spouses as beneficiaries or decision-makers. Without revisions, an ex-spouse could inherit assets, manage finances, or make medical decisions in an emergency.

Key documents that need immediate attention include wills, trusts, powers of attorney and beneficiary designations on life insurance and retirement accounts. Updating these ensures that assets go to intended heirs and that financial and medical decisions remain in trusted hands.

Updating Wills and Trusts

A divorce does not automatically remove an ex-spouse from an estate plan. If a will or trust still names the former spouse as a primary beneficiary or executor, they may inherit assets or retain authority over the estate. Updating key documents includes:

  • Revising a will to name new beneficiaries and executors
  • Amending or revoking any revocable trusts that include the former spouse
  • Reviewing state laws, some jurisdictions automatically void spousal provisions upon divorce, while others do not

Failing to update these documents may lead to unnecessary legal battles or the distribution of assets against the person’s wishes.

Changing Beneficiary Designations

Many financial assets pass directly to named beneficiaries outside of a will, making beneficiary updates essential after divorce. Documents to review include:

  • Life insurance policies and retirement accounts, such as 401(k)s and IRAs
  • Payable-on-death (POD) and transfer-on-death (TOD) accounts
  • Jointly held assets or real estate with right of survivorship

If an ex-spouse remains listed as a beneficiary, they may still receive these assets, regardless of the divorce decree. Updating beneficiary designations ensures that assets go to the intended individuals.

Adjusting Powers of Attorney and Healthcare Directives

Divorce often necessitates appointing new individuals to manage financial and medical decisions in case of incapacity. Changes to consider include:

  • Naming a new power of attorney for financial matters
  • Revising a healthcare proxy to designate a trusted individual for medical decisions
  • Ensuring that living wills and advance directives reflect current wishes

Leaving a former spouse in control of these decisions can lead to unintended complications, particularly in medical emergencies.

Spousal Elective Share

Some states, such as Maryland, have a spousal elective share which allows a surviving spouse to claim a portion of the deceased spouse’s estate, even if they were excluded from the will. This is a protection for a surviving spouse who might otherwise be left with nothing due to the deceased spouse’s will or other estate planning documents. A spouse can waive the right to an elective share if they signed a valid pre-nuptial agreement or post-nuptial agreement giving up this right.

Secure Your Legacy with an Updated Estate Plan

Divorce requires more than financial separation—it demands a complete estate plan review to prevent unintended consequences. Ensuring that your will, trusts and powers of attorney reflect your current wishes is critical to protecting your assets and loved ones.

Our boutique law firm provides comprehensive estate planning services to help you update legal documents after divorce. Schedule a consultation today with one of our experienced estate planning attorneys to secure your financial future.

Key Takeaways

  • Wills and trusts must be updated after divorce: Failing to revise estate documents may result in an ex-spouse inheriting assets or serving as executor.
  • Beneficiary designations require careful review: Retirement accounts, life insurance and bank accounts should be updated to reflect new intentions.
  • Powers of attorney and healthcare directives should be revised: Naming a new agent ensures that a trusted individual handles financial and medical decisions.
  • State laws may impact estate plan changes: Some jurisdictions automatically revoke spousal provisions, while others require updating specific documents.
  • Proactive planning prevents legal disputes: Updating an estate plan immediately after divorce helps avoid unintended consequences and ensures that assets are distributed according to new wishes.

References: Investopedia (June 25, 2024) “Rewriting Your Will After Divorce” and Justia (September 2024) Estate Planning After Divorce

Read more about the article Estate Plans Require Preparation for Success – Annapolis and Towson Estate Planning
- ‘A goal without a plan is just a wish’ written on a blackboard. Blurred styled background.

Estate Plans Require Preparation for Success – Annapolis and Towson Estate Planning

Making wishes clear to family members is never enough to satisfy legal standards, according to a recent article, “Preparation is essential part of estate plan” from The News-Enterprise. Quite the opposite occurs when family members refuse to follow verbal requests, especially when personal grievances come to the surface during times of grief.

A second misconception concerns the spouse or children being able to step in and take action for a loved one solely based on the family relationship.

Many parents have children who would make poor agents, so many don’t name their children to act on their behalf. Even if you want your spouse or child to act on your behalf, you have to name them in the proper legal documents.

A third frequent misconception is that documents can be created when needed. Not so! Documents like Power of Attorney, Health Care Power of Attorney, Living Will and others must be created well in advance. An incapacitated person cannot sign legal documents, so if no planning has been done, the family will have to petition the court to name a guardian—an expensive, time-consuming and complicated process.

Every adult should have three basic documents while they are in good health: a Health Care Power of Attorney, a Durable Power of Attorney and a Last Will and Testament.

The Health Care Power of Attorney gives another person the right to make healthcare decisions for you if you are unable to do so. It also gives another person the right to access protected health care information, including medical and health insurance records. It may also be used to authorize organ and/or tissue donation and set limitations for donation. Finally, the document may direct end-of-life decisions regarding artificial life support.

The Durable Power of Attorney allows another person to handle legal and financial matters. It can be effective upon signing or upon incapacity. Without correctly executed Powers of Attorney, the family will need to apply for guardianship.

The Last Will and Testament determines who should receive any specific property and how your property is to be divided and distributed. Wills are only effective upon death, so any property in the will continues to be yours until death. Wills are also used to name the executor who will be responsible for administering the estate. It can also be used to set up additional protections for disabled beneficiaries, minor children and others who are not good with finances.

Speak with an experienced estate planning attorney to be certain to have these essential documents to prepare for the times when life doesn’t go as expected. Preparation is key to protecting yourself and those you love.

Contact us to schedule a complimentary initial call with one of our experienced estate planning attorneys.

Reference: The News-Enterprise (May 13, 2023) “Preparation is essential part of estate plan”

Sims & Campbell, LLC – Annapolis and Towson Estate Planning Attorneys

Read more about the article What Does “Power of Attorney” Mean? – Annapolis and Towson Estate Planning
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What Does “Power of Attorney” Mean? – Annapolis and Towson Estate Planning

A power of attorney is a legal document giving one person—the “agent”—the legal power to make legal, financial, or medical decisions for another person. According to a recent article from Nerd Wallet, “What is a Power of Attorney (POA)? Types, How, When to Use,” the POA lets someone act on your behalf if you are traveling, too sick to act on your own behalf or can’t be present to sign legal documents.

You may name any adult, including your spouse, adult child, sibling, or a trusted friend, to act as your agent under power of attorney. It can be granted to anyone who is a legal adult and of sound mind. Ordinary power of attorney designations dissolve if you become incapacitated. However, durable power of attorney designations remain intact, even upon incapacity.

You can give one person power of attorney or divide the responsibilities among multiple people.

Most people don’t know that power of authority authorizations can be very specific or general, depending on your needs. When having an experienced estate planning attorney draft a power of attorney, review the desired scope of your agent’s authority, when it should take effect and the desired duration.

If you don’t have a power of attorney and become incapacitated, a court can appoint someone to act on your behalf. However, court intervention turns a private matter into a public proceeding, and you cannot know if the appointed conservator will follow your wishes.

There are several types of power of attorney. The durable power of attorney remains intact, even when you are incapacitated. The ordinary power of attorney becomes moot once you are incapacitated. A dual power of attorney gives power to two people and requires both individuals to sign off on any decisions.

A dual power of attorney may be useful if you have two children, for instance, and you’d like them to make joint decisions for you. Regardless of how many powers of attorney you appoint, you should always name successor agents for each power of attorney, in case the primary person is unable or unwilling to serve when needed.

A medical power of attorney, also called a health care proxy, is a type of advance directive giving another person to make all health care decisions for you in accordance with your wishes when you are unable to do so. Health care proxy decisions generally cover any type of medical treatment or procedure to diagnose and treat your health. Make sure the person you grant medical power of attorney to is familiar with your wishes and knows what decisions you would want in treatment or for life—supporting measures.

Contact us to speak with one of our experienced estate planning attorneys.

Reference: Nerd Wallet (May 10, 2023) “What is a Power of Attorney (POA)? Types, How, When to Use”

Sims & Campbell, LLC – Annapolis and Towson Estate Planning Attorneys

What Kinds of Powers of Attorney Are There? – Annapolis and Towson Estate Planning

A “durable” power of attorney remains in effect once the principal is deemed incompetent. On the other hand, a “springing” power of attorney is ineffective until the principal is judged incompetent, according to Fed Week’s recent article entitled, “‘Springing’ vs. ‘Durable’ Powers of Attorney.”

Some people prefer a springing power, so no one will be authorized to act on their behalf while they’re still capable.

A springing power might go into effect after two physicians have certified your loved one’s incapacity.

Nevertheless, some experienced estate planning attorneys prefer a full power of attorney rather than a springing power of attorney because if your loved one becomes incapacitated, the situation will be stressful enough.

You also don’t want hassles and waste time and energy at the bank or their brokerage firm. It may not be easy to establish the principal’s incompetency and put a springing power into effect.

In addition, some financial institutions are highly reluctant to accept powers of attorney unless their forms are used. These banks and credit unions may be concerned about the liability they might have if they allow transactions under a form that’s not valid.

Therefore, you should make sure that your financial institutions will accept your power of attorney.

In addition, it’s probably better to have just one person authorized to exercise the power.

If two or more people are named, the financial institution may insist that they all sign off, even if one party is authorized to act alone.

You can see that using a joint power is more cumbersome.

Ask an experienced estate planning attorney to help you draft an effective power attorney for your specific circumstances.

Contact us to schedule a complimentary initial call with one of our experienced estate planning attorneys.

Reference: Fed Week (May 1, 2023) “‘Springing’ vs. ‘Durable’ Powers of Attorney”

Sims & Campbell, LLC – Annapolis and Towson Estate Planning Attorneys

Use Estate Planning to Prepare for Cognitive Decline – Annapolis and Towson Estate Planning

Since 2000, the national median age in the U.S. has increased by 3.4 years, with the largest single year gain of 0.3 years in 2021, when the median age reached 38.8 years. This may seem young compared to the life expectancies of older Americans. However, the median age in 1960 was significantly lower, at 29.5 years, according to the article “Don’t Let Cognitive Decline Derail Well-Laid Financial Plans” from Think Advisor.

An aging population brings many challenges to estate planning attorneys who are mindful of the challenges of aging, both mental, physical and financial. Experienced estate planning attorneys are in the best position to help clients prepare for these challenges by taking concrete steps to protect themselves.

Individuals with cognitive decline become more vulnerable to potentially negative influences at the same time their network of trusted friends and family members begins to shrink. As people become older, they are often more isolated, making them increasingly susceptible to scams. The current scam-rich environment is yet another reason to use estate planning.

When a person is diagnosed with Alzheimer’s or any other form of dementia, an estate plan must be put into place as soon as possible, as long as the person is still able express their wishes. A diagnosis can lead to profound distress. However, there is no time to delay.

While typically, the person may state they wish their spouse to be entrusted with everything, this has to be properly documented and is only part of the solution. This is especially the case if the couple is close in age. A secondary and even tertiary agent needs to be made part of the plan for incapacity.

The documents needed to protect the individual and the family are a will, financial power of attorney, durable power of attorney and health care documentation. For families with more sophisticated finances and legacy goals, trusts and other estate and tax planning strategies are needed.

A common challenge occurs when parents cannot entrust their children to be named as their primary or secondary agents. For example, suppose no immediate family members can be trusted to manage their affairs. In that case, it may be necessary to appoint a family friend or the child of a family friend known to be responsible and trustworthy.

The creation of power of attorney documents by an estate planning attorney is critical. This is because if no one is named, the court will need to step in and name a professional guardian. This person won’t know the person or their family dynamics and may not put their ward’s best interests first, even though they are legally bound to do so. There have been many reports of financial and emotional abuse by court-appointed guardians, so this is something to avoid if possible.

Contact us to speak with one of our experienced estate planning attorneys.

Reference: Think Advisor (April 21, 2023) “Don’t Let Cognitive Decline Derail Well-Laid Financial Plans”

Sims & Campbell, LLC – Annapolis and Towson Estate Planning Attorneys 

Do I Need an Estate Planning Attorney? Annapolis and Towson Estate Planning

Sound estate planning can help minimize taxes and expenses associated with transferring your assets and property after your death, says Urban Asia’s recent article entitled “Why Is It Important To Hire An Estate Planning Attorney.”

An experienced estate planning attorney can help you with your estate planning goals efficiently, avoiding legal processes that can be time-consuming and costly. Estate planning through an attorney can help you, and your loved ones avoid legal complications or unwanted delays.

What are the benefits of hiring an experienced estate planning attorney?

  • Legal expertise: They have specialized knowledge of the laws and regulations governing probate and estates. They can advise you on the best plan to suit the utilization of your assets and needs, and make sure that your estate planning complies with all applicable laws.
  • Tax implications: Estates can have tax implications. An experienced estate planning attorney can advise you on how to structure your estate plan to minimize taxes and maximize the benefits for your beneficiaries.
  • Customization: They can help customize your estate plan to suit your individual needs and goals.
  • Protection of beneficiaries: Estate planning attorneys can help protect your heirs’ interests by ensuring that your will and trust are administered correctly. They can help assure that all your assets are protected from creditors and other legal claims.
  • Charitable giving: An estate planning attorney can advise you on how to make philanthropic gifts, either during your lifetime or at death, through charitable trusts or other charitable giving vehicles.
  • Incapacity planning: They can help you plan for incapacity by creating a power of attorney or living will to let you specify how your assets and property should be managed, if you are unable to decide for yourself.

Finding the right attorney for estate planning can be a challenging task. Estate planning can be complex, and selecting an attorney with experience and expertise in this discipline is essential. Therefore, look for an attorney with plenty of experience in estate planning.

Contact us to review your estate plan with one of our experienced estate planning attorneys.

Reference: Urban Asia (Jan. 22, 2023) “Why Is It Important To Hire An Estate Planning Attorney”

 

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What Should I Ask a Prospective Estate Planning Attorney? Annapolis and Towson Estate Planning

Estate planning has many important advantages like providing for your immediate family, making certain your assets are distributed the way you want, supporting charitable causes, and more.

The Baltimore Post-Examiner’s recent article entitled “5 Questions to Ask an Estate Planning Attorney” provides some questions to help you find the right person to help you with this essential task.

  1. Do You Practice Only in Estate Planning? Specialization is critical, so find a lawyer whose practice focuses on estate planning. This person will be up to date on any law or regulation changes that impact estate planning.
  2. How Long Have You Been an Estate Planning Lawyer? It’s essential to find a lawyer specializing in estate planning. However, it’s also important to work with an experienced estate planning attorney who’s been doing this for some time. A lawyer who has practiced in the field for many years will have experience dealing with challenges to estate planning, such as will contests and disinheriting relatives.
  3. Do You Provide Periodic Reviews? Make sure you can come in and have periodic reviews to make possible changes when there are changes in your life.
  4. Are You Able to Help Me Create a Comprehensive Estate Plan? Make sure that you find an attorney who can help you develop an estate plan that include trusts, wills, powers of attorney and life insurance policies. An experienced estate planning attorney will be in the best position to assist you.
  5. What Do You Charge? Understand the pricing. Some attorneys charge a flat fee, some charge by the hour and others charge flat fees for some tasks and by the hour for other tasks. Look for an estate planning attorney who’s upfront and transparent with pricing.

Find a reputable estate planning attorney who can explain the process, help you make the right plans and then walk you through regular reviews.

Contact us to review your estate plan with one of our experienced estate planning attorneys.

Reference: Baltimore Post-Examiner (Jan. 24, 2023) “5 Questions to Ask an Estate Planning Attorney”

 

Sims & Campbell, LLC – Annapolis and Towson Estate Planning Attorneys