More Details on Specific Sections in a Maryland Will

Introduction: Wills are Customizable Instruments

In the past, we’ve talked about the general structure of a last will and testament. We’ve described how most wills are sectionalized, and gone over the substance of different sections. In this article, we will give additional details on the substance for a couple of sections which weren’t previously discussed extensively.

Before we dive into the substance of specific sections, it’s important to emphasize that wills are highly customizable instruments. Although describing the “general structure” of a will can be useful for readers, readers should also be aware that the particular structure of a given will can vary widely. The collection of sections, or subsections, of any given will might be quite dissimilar from another randomly selected will. Certain sections, such as family identifications, tend to be common to all wills, but many sections aren’t that way. This is something readers should keep in mind.

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Identification of Executor / Personal Representative

In our earlier article on this topic, we mentioned briefly that will creators are supposed to identify an “executor,” or “personal representative,” which is someone appointed to oversee the administration of the creator’s estate. This earlier reference didn’t include certain details. When a personal representative is identified, there must be sufficient clarity to the identification, and wills without adequate clarity may be challenged. This means that additional information beyond a full name is required to properly identify a personal representative. The will should include a residential address and current phone number, in addition to other clarifying information. For example, this section might have the following language: “The creator identified Mary Washington, the decedent’s sister, currently residing at 123 Thompson Street, with a telephone number (425) 123-4567.”

Not only does this section need to also include backups or alternates in case the primary personal representative is unable to serve, the backups or alternates also must be identified with the same level of clarity. Hence, those backups or alternates should also have a residential address and phone number, along with other information as necessary.

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Specific Bequests for Personal Property

The previous article talked about sections dedicated to the distribution of the creator’s assets. Typically, sections on distribution of assets are broken down according to asset class or type. Hence, real estate assets generally have a separate section or subsection, and personal property assets have their own section. Depending on the creator’s portfolio, there might be finer subsections devoted to specific kinds of real estate or personal property. Many wills have a section known as “specific personal property bequests,” and this section spells out all the creator’s personal property distributions. Often, will creators have a wide range of personal property assets – jewelry, precious metals, cash or cash equivalents, automobiles, stocks, etc. A specific bequests section might break down the distributions by beneficiary, with each beneficiary being listed with all the items he or she will ultimately receive. The language might read: “To Mary Washington: the creator leaves three American Gold Eagle bullion coins, and the creator’s automobile, a 1995 Honda Accord, gray, with license plate XX-ABC123.”

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Contact the Murphy Law Firm for More Information

Readers who want to learn more about subsections in a will, amendments to wills, or another estate planning matter, reach out to one of the estate planning lawyers at the Murphy Law Firm today by calling 240-219-5243.

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