A comprehensive estate plan shouldn’t only cover your property and assets; it should also make sure that your wishes regarding your own personal care will be honored, even if you are not able to advocate for yourself. If you’re looking into estate planning and are near the Columbia, MD area, read on to find out more about what a healthcare proxy does.

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Estate planning is about more than passing down property. It is also about preserving the value of what you leave behind. In Maryland, estate taxes can diminish the value of an estate significantly if you do not take proactive steps to protect it. Receiving support from an estate planning attorney in Annapolis, MD is the first step to protecting your estate. 

From an Estate Planning Attorney in Annapolis, MD: Protecting Your Estate From High Taxation

Unlike most states, Maryland imposes both an estate tax and an inheritance tax. The Maryland estate tax applies to estates exceeding a certain exemption amount, which is subject to change under state law, and amounts above this exemption may be taxed at rates as high as 16 percent.

Looking to the future, this tax would apply to the value of your estate at the time of your death. This includes any real estate, all bank accounts, retirement assets, life insurance proceeds, and your personal property. Without careful planning, your estate could face a huge tax burden that greatly reduces what your heirs ultimately receive.

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Estate planning in Maryland allows you to determine how your assets are handled after your death, and one of the most effective strategies for protecting your estate is to first identify which assets pass outside of probate. Knowing what qualifies as exempt can help you streamline your plan and minimize unnecessary legal delays. Understanding this process with the support of an estate planning lawyer in Rockville, MD, is the first step to planning your financial future. 

From an Estate Planning Lawyer in Rockville, MD: Assets That Are Not Subject to Probate

Transferring Jointly Owned Property

Assets held in joint tenancy with right of survivorship do not go through probate when one owner passes away. Instead, ownership automatically transfers to the surviving joint owner. This applies to both real estate and financial accounts. 

For example, if you and your spouse own a home together as joint tenants, your share will transfer directly to your spouse without the need for probate. Maryland law supports this form of ownership as long as it is clearly stated in the title or account registration. We review your records to confirm that joint ownership is documented properly.

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As an essential part of estate planning, having a valid will in place can be a relief. However, this doesn’t mean you never need to think about your will again. If your life circumstances change or if there is a substantial change in the law, your will may need to be updated. A wills attorney in Columbia, MD will be able to provide you with trusted legal advice about any changes you should make.

Should I Update My Will as Life Circumstances Change?

Do You Need to Update Your Will?

Your will determines who will receive your property and possessions after you die, and it is a legally binding document. For this reason, it’s vital that everything contained in a will be up-to-date and correct. A change in life circumstances can alter your wishes, but there are no laws in Maryland that will automatically supersede your will. It’s therefore essential that you update your will with any alterations necessary if your life circumstances change.

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A will is crucial for ensuring that your last wishes are carried out and that each member of your family in Annapolis, MD receives what you intended. However, if a will isn’t executed properly, it may be considered void. It’s therefore advisable to seek advice from a professional wills lawyer to ensure that your will complies with all required laws.

What Are the Legal Requirements for Drafting a Valid Will in Maryland?

Is an Oral Will Valid in Maryland?

For a will to be accepted as valid in Maryland, it must be recorded in writing. A handwritten will is valid, provided that it is written entirely in the person’s handwriting and also signed. Neither oral nor electronic wills are valid in Maryland. This means that if either an oral or electronic will is left, it cannot be legally used to distribute the estate.

Are There Any Other Legal Requirements for a Valid Will in Annapolis, MD?

There are only a few basic requirements that must be met to create a valid will in Maryland. The testator (the person making the will) must sign the will in the presence of two witnesses. Both the testator and the witnesses must be at least 18 years old. Beneficiaries can act as witnesses, but this is not generally recommended as it leaves the will vulnerable to being challenged in the future.

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Probate can be a time-consuming process, but there are ways to legally avoid it. In Rockville, MD, one solution is to hire an estate attorney to set up a living trust. This can make it easier to distribute assets and prevent the delays that are common with probate.

A living trust is a way of arranging assets that can be put in place before you die. There are two different types of living trusts: revocable and irrevocable. The former allows you to retain control during your lifetime and can be canceled. An irrevocable living trust cannot be canceled, and all control of the assets is handed to the trust.

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Elville and Associates, P.C.’s Planning Team Concept: A Collaborative Approach to Estate Planning

Estate planning is not a one-size-fits-all process. It requires careful consideration, legal expertise, and a deep understanding of each client’s unique circumstances and goals. At Elville and Associates, P.C., we believe that the best estate plans are built through collaboration. That’s why we encourage clients to take advantage of our Planning Team Concept, a strategy designed to ensure customized, leading-edge estate planning by bringing together a team of professionals, including financial advisors, CPAs, and legal experts.

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After someone’s death, their property enters probate before it is distributed. The process of probate costs time and money, so it is wise to find legal ways to transfer property without probate. An estate lawyer in Columbia, MD, gives their advice.

How Can I Transfer Property Without Probate Under Maryland Law? Advice from an Estate Lawyer in Columbia, MD

What Is Probate?

Probate is the legal process that an individual’s finances and property enters upon their deaths. During the process, the individual’s will is validated, and the belongings are accounted for. Probate can be a lengthy process and involves required legal fees, which will reduce the value of the estate.

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Authored by:  Jeffrey D. Stauffer – Community Relations Director

Stephen Elville, Managing Principal and Lead Attorney of Elville and Associates, P.C., has been selected to the 2025 Maryland Super Lawyers List. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.  This is Mr. Elville’s 10th year being named to the Maryland Super Lawyers List and ninth consecutive year as well.     

Mr. Elville works with individuals and families to provide a unique attorney-client experience and peace of mind solutions to the challenges they face with estate planning, elder law, special needs planning, asset protection, tax planning matters, and more.  Mr. Elville has extensive experience in working with clients involved in crisis situations, and also brings a unique and personalized approach to pre-crisis planning.  Along with his work in the aforementioned areas, Mr. Elville’s maintains a focus in the areas of asset protection, tax planning, and disability and long-term care planning as well.  He is widely regarded as one of the preeminent attorneys in the State of Maryland and beyond for his legal-technical knowledge and ability to navigate many different types of legal matters for clients.  He is a seasoned speaker and educator, and each year presents by way of dozens of webinars, workshops for businesses and their employees, conferences, and continuing education events.

Mr. Elville is currently a member of the National Association of Elder Law Attorneys (NAELA), Elder Counsel, Wealth Counsel, the Academy of Special Needs Planners, and the National Network of Estate Planning Attorneys.  He is the past Chair of the Howard County Bar Association Estates & Trusts and Elder Law Sections and is the past President of the Coalition of Geriatric Services (COGS). Mr. Elville has also served as Chair of the Elder Law and Disability Rights Section Council of the Maryland State Bar Association and was the longtime Chair for Law Day Maryland. 

Recently, Mr. Elville served as the Chair of the Pro Bono Subcommittee of the Elder Law Disability Rights Section Council.  He is also the President of the Friends of Baltimore Classical Music, Inc., and is the Founder of the Elville Center for the Creative Arts, Inc., a non-profit organization developed in 2014 that works to further music education in schools and other organizations that have student musicians with limited means. 

Shannon Goodwin, a Principal Attorney with Elville and Associates, was named to the Rising Stars List for a second consecutive year in 2025.  She is the Leader of the firm’s busy Estate and Trust Administration Department, and has quickly shown the scope and depth of her talents and abilities in the complex world of estates and trusts.  Through her guidance, she partners with clients as they address the sometimes challenging matters of the administration of loved ones’ estates from start to finish, including helping navigate the probate process, inventory and reportings, accountings, and much more.

After her undergraduate work at North Carolina State University, Ms. Goodwin participated in multiple internships and externships and went on to distinguish herself as a member of the Syracuse Law Review. Upon graduating from law school, Shannon gained valuable experience by working as a Judicial Law Clerk for three years in the Circuit Court for Washington County, as well as in the District Court for both Washington and Frederick Counties. Shannon then transitioned to private practice and joined Elville and Associates in 2021.

Shannon Ladner, also a Principal Attorney with Elville and Associates, was named to the Rising Stars List for a third consecutive year in 2025.  She is an integral member and Leader of the firm’s Estate Planning Department.  She educates and counsels clients through the entire estate planning process – beginning with the initial consultation, followed by the design and implementation of their plans, as well as the necessary maintenance and updating of their planning as changes occur in the laws and their lives.  Ms. Ladner’s practice focus includes estate planning, elder law, special needs planning, and tax planning.

During law school, Ms. Ladner participated in the Human Trafficking Prevention Project Clinic where she diligently represented victims of human trafficking as a Rule 19 Student Attorney. Upon obtaining her Juris Doctor, Ms. Ladner gained valuable experience by working as a Judicial Law Clerk for Magistrates Susan M. Marzetta and Lori Joy Eisner in the Circuit Court for Baltimore City. Prior to bringing her skills to Elville and Associates, Ms. Ladner worked as an Associate Attorney at a small law firm in Towson, Maryland where she represented clients in Family Law and Criminal Law matters.

To learn more about this year’s honorees and the entire team at Elville and Associates, please click here.  To learn more about Elville and Associates, its practice areas, its commitment to client education, and events calendar, please visit www.elvilleassociates.com. 

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

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Shannon K. Goodwin, J.D. – Principal Attorney Elville and Associates, P.C.

When thinking about an estate plan, one of the most common concerns of parents is whether the inheritance they are leaving for their child, grandchild, or other beneficiaries will be protected from creditors, namely from a beneficiary’s spouse in the event of a divorce.

Generally speaking, the answer is yes – an inheritance is protected from a divorcing spouse. In Maryland, property acquired prior to the marriage and property acquired by gift or inheritance during the marriage is considered separate property and is not subject to division in the event of a divorce. Thus, any inheritance left behind for your child or other beneficiary will remain that beneficiary’s property and will be protected from a divorcing spouse. There are multiple other states that share this viewpoint, including the local jurisdictions of Virginia and District of Columbia. However, as with everything else in the legal world, there are certain exceptions to this general rule.

As an added layer of protection, your child or other loved one may implement a pre-marital or post-marital agreement, commonly referred to as pre-nuptial and post-nuptial agreements. Provided that both spouses reach agreement, it can be made clear in writing that an inheritance will be the separate property of the inheriting spouse and will not be considered as part of the marital estate.  Although there are many nuances and legal considerations in these types of agreements, this can include future or expected inheritances from parents or other family members.

Turning to other creditors aside from a divorcing spouse (I.e. general creditors, bankruptcy creditors, accidents), a number of different estate planning tools can be used to protect an inheritance from potential claims.  One of the most common tools is to leave an inheritance in further trust for the benefit of beneficiary – whoever that beneficiary may be.  This kind of trust established at death is commonly referred to as a spendthrift irrevocable trust.  A trust such as this may be called by many names, including the term “legacy trust.”  This type of trust is an irrevocable trust established upon the death of the person leaving the inheritance (and can also be implemented as a lifetime trust). Rather than leaving the inheritance to the individual beneficiary outright, the inheritance is distributed into the legacy trust for the benefit of the child or other beneficiary.  The trust can be perpetual or for a shorter duration.

The next question most clients ask is “who is going to be in charge of the legacy trust’s assets, and will the child or other beneficiary be able to withdraw funds freely as they wish?”  In Maryland, the child or beneficiary can be the trustee of their own trust. However, if the primary beneficiary is also the sole trustee with full control over the trust’s assets, the assets are likely more vulnerable to the individual’s creditors.  In addressing this issue, limiting distributions to an ascertainable standard called a “HEMS” standard, where the trustee has the discretion to distribute assets for the beneficiary’s health, education, maintenance, and support, along with a careful review of design and flexibility measures, including tax considerations, and the ability for independent trustees to serve if needed, along with an understanding and analysis of the use of powers of appointment, is a good starting point.  Along these lines, a special fiduciary may be granted the power to appoint an independent trustee to control and manage the distributions of the trust.  While the trust would still be for the benefit of the child or beneficiary, they would no longer being in sole control of the trust assets, and may be provided a much greater level of protection from the beneficiary’s creditors.  It is also important to keep in mind that there are exception creditors in nearly all states (except Nevada), and these include IRS, claims for alimony, and child support claims.

If the child or other beneficiary is not able to appropriately manage finances or there is concern with the individual receiving a large sum of money all at once, a spendthrift provision contained within the trust can be used to help protect the inheritance from creditors. A spendthrift provision can be used to prevent creditors from being able to seek payment from the trust or attaching an interest on future distributions from the trust. Such a provision will also bar the beneficiary of the trust from assigning his or her future rights to distributions from the trust. In other words, the beneficiary cannot use the trust’s assets or future distributions from the trust to secure credit.

              These are just a few of the tools that can be used to achieve the common goal of providing a legacy for future generations and protecting generational wealth. This is intended as a basic overview of a few options, but I encourage you to come in for a consultation and further discuss your estate planning options with our firm.

Shannon Goodwin is a Principal Attorney at Elville and Associates, and is the Leader of the Firm’s busy Estate and Trust Administration Department.  She has quickly shown the scope and depth of her talents and abilities in the complex world of estates and trusts.  Through her guidance, she partners with clients as they address the sometimes-challenging matters of the administration of loved ones’ estates from start to finish, including helping navigate the probate process, inventory and reportings, accountings, and much more.  Shannon also represents clients in estate planning and elder law matters.

Shannon was named to the Maryland Rising Stars list in 2024 and 2025 and can be reached at sgoodwin@elvilleassociates.com, or 443-393-7696 x116.

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