A life estate can be a useful planning tool for some Maryland families who want to protect a home, avoid probate, and plan ahead for the future. At the same time, life estates create permanent legal and financial consequences that are often misunderstood. Knowing when a life estate works well and when it creates long-term problems is essential before moving forward.

This article explains how life estates function in Maryland, common risks families encounter, how life estates interact with Medicaid planning, and alternatives that may offer greater flexibility.

What Is a Life Estate?

A life estate allows more than one person to hold ownership interests in the same property at different times. In Maryland, this typically allows a parent to live in and control a home for life while naming children or other individuals to receive the property automatically after death.

The person living in the home is called the life tenant. The individuals who will receive the property later are known as remaindermen. While remaindermen cannot take possession during the life tenant’s lifetime, they hold a present ownership interest in the property.

Life estate deeds are often used to avoid probate, support long-term planning goals, and simplify the transfer of a home. These benefits must be balanced against the legal limitations created by the deed.

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A life estate can be a helpful tool for Maryland families looking to protect their homes, avoid probate, and plan for Medicaid. It is important to understand the risks involved. This article explains common life estate issues and why careful legal planning matters before deciding if this approach fits your situation.

What Is a Life Estate?

A life estate allows multiple people to hold interests in the same property at different times. In Maryland, this often means a parent keeps possession and use of their home while ensuring it passes to their children without going through probate.

By creating a life estate deed, families may avoid probate, reduce Medicaid exposure, and receive a step up in tax basis.

The person living in the home is known as the life tenant and retains control during their lifetime. The individuals who inherit the property are the remaindermen. Although they cannot take possession until the life tenant passes away, they hold a current ownership interest.

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There are many types of trusts that can protect your estate, but choosing the right trust for your needs requires experience and extensive knowledge of the law, related tax issues, and more. Talk to a trusts and estates lawyer here in Columbia, MD to get details on all the trust options and decide what will work best with your goals.

From a Trusts and Estates Lawyer in Columbia, MD: Meeting Your Goals With Revocable and Irrevocable Trusts 

A revocable trust is often the best choice if you want to keep full control of your assets and are just looking for a simple way to avoid probate and ensure that things smoothly transfer upon your death. You can make updates to this trust as your life circumstances change. These trusts are particularly useful if flexibility is one of your primary goals.

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Families often take comfort in knowing that a Special Needs Trust is in place. It represents foresight, care, and a long-term commitment to protecting a loved one with disabilities. What many families do not realize is that creating the trust is only the first step. Over time, changes in law, finances, benefits programs, and family circumstances can quietly undermine even a well-drafted trust if it is not reviewed and updated.

Understanding when a Special Needs Trust should be revisited can help ensure it continues to do what it was designed to do: preserve benefits, provide supplemental support, and protect your loved one’s quality of life.

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Authored by: Jeffrey D. Stauffer – Community Relations Director 

It was announced on Friday, December 19^th that Managing Principal Stephen Elville, Principal Attorneys Shannon Goodwin and Shannon Ladner, and Associate Attorney Sara von Stein Echeverria were honored on the 2026 Maryland Super Lawyers and Rising Stars Lists.  

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Most people think about passing down a home, savings, or family heirlooms when they plan their estate. What many families overlook is something just as important. Your digital life. Everything from online bank accounts and cryptocurrency to photos stored in the cloud represents real assets with both financial and emotional value. Without a clear plan, family members can struggle to access or manage these accounts, and in some cases, they may lose them entirely.

This is why digital asset planning has become a key part of modern estate planning. Understanding what happens to digital assets after death will help you organize your accounts, protect your information, and make things much easier for your loved ones.

What Counts as a Digital Asset

A digital asset is anything you own or control in digital form. This category is much wider than most people realize. It includes:

• Email accounts

• Online bank and investment accounts

• Cryptocurrency and digital wallets

• Social media profiles

• Cloud storage with photos, videos, and documents

• Online businesses, websites, or domain names

• Loyalty and rewards accounts

• Subscription services

• Digital content such as music, ebooks, or purchased apps

Each of these assets may require a separate process for access or transfer, and not all companies allow family members to manage accounts unless you have planned in advance.

What Happens to Digital Assets Without a Plan

If you pass away without leaving clear instructions, your heirs may run into several challenges. Passwords are usually the biggest roadblock. Even if a family member knows your login information, many companies prohibit unauthorized access. This can lead to frozen accounts, lost digital property, or months of delay while families try to work with customer service departments.

Social media accounts may stay active indefinitely unless a designated person is allowed to memorialize or remove them. Cryptocurrency can be lost forever if no one can reach the private keys. Cloud photos and important documents may disappear once subscription payments stop.

These problems are common, and they create unnecessary stress during an already difficult time.

How to Prepare Your Digital Estate

The good news is that a few simple steps can bring clarity and control to your digital life.

1. Make a Full Inventory

List all of your digital accounts and assets. Include login instructions, security questions, and notes about how each account is used.

2. Store Your Information Securely

Use a password manager or a secure location that your executor or trustee can access. Never rely on sticky notes or scattered documents that can be lost or misinterpreted.

3. Name a Digital Executor

Some states recognize a digital executor. This person can manage your online accounts, close or transfer digital property, and follow your instructions.

4. Add Digital Provisions to Your Estate Plan

Wills and trusts can include language that authorizes someone to access your digital accounts. Without this language, companies may refuse to release information, even to the personal representative of your estate.

5. Use Built In Legacy Tools

Platforms like Google, Apple, and Facebook allow you to choose who can access your account or data after your passing. This adds an extra layer of protection and helps ensure your wishes are followed.

Start Planning Your Digital Legacy Today

Digital assets are now a meaningful part of everyday life. Taking time to organize and plan for them can prevent confusion, protect your privacy, and help your loved ones handle your affairs with confidence.

If you would like help building a thoughtful and comprehensive estate plan that includes your digital life, the team at Elville and Associates is here to guide you. Contact us online to schedule a conversation.

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It’s painful to imagine your loved ones getting into a dispute over your estate, but unfortunately it’s fairly common. The best way to prevent such a dispute is with thorough estate planning and the help of an Columbia, MD estate attorney.

From an Columbia, MD Estate Attorney: Avoiding Disputes

The Biggest Culprits

What causes families to get into disputes? The first culprit is a vague will or trust. If it’s not completely clear what you want, how your bequests are laid out, or if your will or the trust leaves out some important assets, there is a lot of room for dispute.

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When you set up a trust, you’re expecting that the terms will be upheld and your assets will be distributed precisely according to your wishes. However, there are situations where heirs can bring contests to challenge the terms of a trust, and working with a Rockville, MD estate lawyer is the best way to ensure that won’t happen.

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As you take care of your estate and plan for what will happen to it after you’re gone, don’t forget your business. Talk to a business planning lawyer with experience here in Annapolis, MD, who can help you safeguard all your assets with the right business plan

Safeguarding Your Business With an Annapolis, MD Business Planning Lawyer

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If you do not have a will, then the laws of Maryland kick in to determine what to do with your assets after your death. Dying without a will is known as dying “intestate,” and this is never recommended. Proper will planning with a Rockville, MD estate attorney ensures that your loved ones have the smoothest possible experience after your death and that everything is done according to your wishes.

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