An Overview of the Structure of a Last Will & Testament in Maryland

Published on
November 27, 2024
Written by
Angel Murphy, Esq
Category
Estate Planning

Introduction: The Purpose of a Will in Maryland

The purpose of a will – or, “last will & testament” – is to remove the state from the process of distributing a decedent’s assets to beneficiaries. This is the essential purpose of the will, and the multiple sections of a will all ultimately work together to achieve this purpose. When a person passes away without a will, that person’s estate will be handled by the State of Maryland under current “intestacy” laws. This means that the assets of the estate will be distributed based on “default” rules. Generally speaking, leaving an estate to the default rules of the government is something most people want to avoid, and this is where a valid will comes into play.

Primary Sections: Identifications / Election of Personal Representative

The primary sections of a will are fairly straightforward. The first section will simply declare that this document is in fact the “last will & testament” of the decedent, and that the decedent is aware of everything contained in the will. After this declaration, the will moves on to “personal identifications.” Essentially, the will gives firm identifications for all people involved in the will. Usually, this means giving clear identifications for immediate family members, and then more distant family members. For instance, the will might include language such as the following: “Tyler Smith, my brother, who resides at 2100 Blank Street Northwest at the time of this drafting, etc.”

In the end, anyone who will be a beneficiary needs to be clearly identified, regardless if they are relatives or non-relatives. The will needs to include enough language so that there is no ambiguity regarding who has been identified. If there is any ambiguity, this opens the possibility for challenges when the will is enforced. If the identification is ambiguous, then individuals who weren’t intended to be beneficiaries might have a claim to the estate against the true wishes of the will creator.

The will also designates a personal representative (also called an “executor”), someone who is appointed to oversee the administration of the will. Again, as with beneficiaries, the personal representative must be clearly identified. Furthermore, the will creator should also identify several substitute or backup representatives in the event that the main option isn’t available when the will is enforced.

Additional Sections: Accounting of Assets / Distribution of Assets to Beneficiaries

In addition to the identifications, a will also gives a full accounting of the assets of the estate, and precise instructions regarding the distribution of assets to all beneficiaries. Again, when dealing with distributions to beneficiaries, the goal is to be as precise as possible. There is no advantage at all in being ambiguous, as ambiguity will create potential complications. The accounting of the estate will have its own section, and then specific distributions (often referred to as “specific bequests”) will have another section. The language of the distributions may be something like the following: “To Tyler Smith, I leave X vehicle, license plate 12-3456, gold coin, certified by PCGS, serial number 123-45678.”

Contact the Murphy Law Firm for More Information

There is plenty more to know when it comes to the structure of a last will & testament in Maryland. In the future, we will dive back into this topic in greater detail. For now, to learn more, or to start drafting a new will, or discuss another estate planning topic, contact one of the attorneys at the Murphy Law Firm today by calling 240-219-5243.

Angel Murphy

Personable. Passionate. Persistent.

Maryland will law | last will and testament | estate distribution | intestacy laws | personal representative | executor of will | estate planning | asset distribution | beneficiary identification | estate accounting | will creation | legal documents | beneficiary disputes | backup personal representative | estate administration | probate process | clear will language | asset bequests | legal advice | Maryland inheritance laws | estate complications

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