Estate Planning

The Estate of Schappell (2024) case explores Maryland’s approach to equitable adoption, a doctrine allowing stepchildren to be treated as heirs despite no formal adoption. The case centers on a stepdaughter’s claim that her late stepfather intended to treat her as his natural child for inheritance purposes. Maryland courts continue to assess such cases based on fairness and the genuine parent-child bond rather than formal adoption steps.

The Bennett v. Gentile (2024) case addressed whether a third-party beneficiary to a will could sue a drafting attorney for negligence when the attorney failed to update the will as instructed. The Maryland Supreme Court held that the strict privity of contract rule barred the claim, as benefiting the plaintiff was not the sole purpose of the attorney-client relationship. This decision reinforces Maryland’s limited scope for third-party beneficiary claims against estate planning attorneys.

When drafting a last will and testament, the testator identifies all the people who are to be future beneficiaries of the testator’s estate. Although many beneficiaries are relatives or friends, this is not always the case: in many instances, beneficiaries are institutions, such as charitable organizations, colleges or universities, hospitals, or other entities.

Wills are frequently challenged, so drafting defensively is essential. Ensuring signature pages are properly affixed, numbered, and signed in the presence of witnesses helps prevent disputes and reinforces authenticity.

ChatGPT said: 3-Line Summary: In Castruccio v. Estate of Castruccio (2016), the Maryland Court of Special Appeals addressed a widow’s attempt to invalidate her late husband’s will over technicalities about page attachment. The court ruled that the will was properly attested, rejecting her reliance on a 1921 case. This decision highlights how emotional disputes and large estates often drive far-fetched legal arguments.

High-asset individuals face complex estate planning challenges that require careful attention to tax laws, trust management, and will drafting. Choosing trustworthy personal representatives and trustees is crucial to prevent disputes and corruption. Creating charitable trusts ensures philanthropic goals are fulfilled effectively and securely.

In In the Matter of Williams Revocable Trust (2017), disputes arose between trustees and a charitable foundation following the decedent’s death. The court dismissed the foundation’s appeal on trustee removal due to lack of a final, appealable judgment, while unresolved damages claims proceeded to trial. The case underscores the importance of careful estate planning and qualified legal counsel to prevent and navigate complex trust disputes.

In Estate of Vess (2017), a niece challenged the validity of Howard Vess’s 2006 will on multiple grounds, including lack of testamentary capacity and undue influence. The court emphasized the importance of procedural correctness in caveat proceedings, ultimately allowing the case to proceed on substantive issues rather than technicalities. The case illustrates the complexity of will contests and the need for experienced legal counsel.

In Boyce Living Trust (2025), the court addressed a challenge to a revocable trust by the settlor’s grandchildren. The trustee successfully defended under MD Code §14.5-605, which imposes a statute of repose on trust challenges, barring claims filed after the set period. The appellate court confirmed that strict time limits apply, highlighting the importance of timely actions when contesting trusts in Maryland.

In In re: Trust Under Item Ten (2024), the court examined whether a trustee could be compensated for legal services performed while acting as trustee. The trial court initially denied compensation due to potential conflicts of interest under Maryland Trust law, but the appellate court allowed it, emphasizing that reasonable compensation is permissible if it benefits the trust and its beneficiaries. This case highlights the balance between trustee duties and fair compensation for additional services.

Powers of Attorney (POAs) are essential estate planning tools for married Marylanders, complementing wills and trusts. Unlike marital rights, POAs grant spouses explicit authority to make financial or medical decisions if the other spouse becomes incapacitated. Financial and healthcare POAs ensure proper management of assets and medical care, providing legal clarity and protection beyond the default powers conferred by marriage.

The Maryland case In re Albert G. Aaron Living Trust (2018) shows how ambiguous trust language can spark litigation. The court ruled that “my wife” referred to the settlor’s first wife, not his second, underscoring the need for precise drafting and updates to trust documents.

Blended families face unique challenges in estate planning due to the presence of natural children, stepchildren, and half-siblings. Trusts are especially valuable as they allow parents to control asset distribution privately and avoid probate. Well-drafted wills complement trusts by providing clear instructions that prevent confusion or disputes, ensuring assets are distributed according to the creator’s wishes rather than default intestacy laws.

In Maryland, the type of deed used for property ownership can have significant consequences in estate planning. This post compares normal title deeds—which require probate for transfer upon death—with life estate deeds, which automatically pass to remainder beneficiaries without probate.

This post explores the concept of fee simple determinable—a type of defeasible estate commonly used in estate planning to place conditional limits on property ownership. Unlike fee simple absolute, this interest automatically ends and reverts to a specified party if a condition is violated or a time frame lapses. By including precise grant language, Marylanders can ensure that real property is used for a specific purpose or transfers automatically under designated conditions.

The Mergner v. Estate of Mergner case underscores the binding nature of irrevocable trusts and marital property agreements in Maryland estate planning. The wife, who accepted nearly $450,000 in distributions from an irrevocable trust established by her husband, later sought to reclaim her right to an elective share despite having waived it in a marital property agreement.