Many adults in Maryland and Washington DC postpone creating a will, thinking they’re too young, don’t have enough assets, or that their family will naturally inherit everything. However, dying without a will—called dying “intestate”—can create significant legal complications and financial hardship for your loved ones during an already difficult time.

What Happens When You Die Without a Will in Maryland and DC

Without a will, Maryland and DC intestacy laws determine how your assets are distributed, which may not align with your wishes. In Maryland, if you’re married with children, your spouse receives half of your estate and your children split the remainder. DC has similar but slightly different distribution rules. These statutory formulas may not reflect your actual family relationships or financial needs.

Protecting Your Minor Children

Without a will, courts must appoint guardians for your minor children. This process can be lengthy, expensive, and may result in custody arrangements you wouldn’t have chosen. A properly drafted will allows you to name trusted guardians and provide instructions for your children’s care and financial support.

Avoiding Probate Complications

While probate is often necessary regardless of whether you have a will, having a properly drafted will streamlines the process significantly. Maryland and DC probate procedures can be complex, and intestate estates often face additional delays and complications that increase costs and stress for your family.

Digital Assets and Modern Considerations

Today’s adults have digital assets including online accounts, cryptocurrency, social media profiles, and cloud-stored documents. Maryland and DC intestacy laws don’t address these modern assets effectively. A comprehensive will can include provisions for digital asset management and transfer.

Tax Planning Benefits

Maryland has both an inheritance tax and estate tax, while DC has an estate tax. Proper estate planning through wills and related documents can help minimize tax burdens on your beneficiaries and maximize what your loved ones ultimately receive.

Powers of Attorney: Essential Protection Before You Need It

A power of attorney is one of the most important legal documents you can create, yet many Maryland and DC residents don’t understand its critical importance until they face a medical emergency or incapacity. This essential document ensures someone you trust can make important decisions on your behalf when you cannot.

Understanding Different Types of Power of Attorney

Maryland and DC recognize several types of power of attorney documents. A financial power of attorney allows your chosen agent to handle banking, investments, real estate transactions, and other financial matters. A healthcare power of attorney, also called a healthcare proxy, gives your agent authority to make medical decisions when you’re unable to communicate your wishes.

When Powers of Attorney Become Critical

Medical emergencies, progressive illnesses like dementia, or sudden accidents can leave you unable to manage financial affairs or communicate healthcare preferences. Without proper powers of attorney, your family may need expensive and time-consuming guardianship proceedings to gain authority to help you.

Estate Planning Beyond Basic Documents

Comprehensive estate planning involves more than just wills and powers of attorney. Trusts can provide additional benefits including privacy, probate avoidance, and ongoing asset management. In Maryland and DC, revocable living trusts are particularly valuable for families with significant assets or complex family situations.

Maryland and DC Specific Requirements

Both Maryland and DC have specific statutory requirements for valid estate planning documents. These documents must be properly signed, witnessed, and notarized according to state law. Using outdated forms or failing to follow proper execution procedures can invalidate these crucial documents when you need them most.

Business Succession Planning

Business owners in Maryland and DC need specialized estate planning to ensure smooth business transition while minimizing tax consequences. Without proper succession planning, family businesses often face forced sales or dissolution upon the owner’s death or incapacity.

Regular Review and Updates

Estate plans require regular review and updates to reflect changing laws, family circumstances, and financial situations. Major life events like marriage, divorce, births, deaths, or significant changes in assets warrant immediate estate plan review to ensure continued effectiveness.