Law Offices of Terri D. Mason, P.C.

How Do I Sue an Estate in Maryland?

business person hand putting signing contractThere may be instances where you need to take legal action against an estate in Maryland. Reasons for this can vary widely, from being owed money by the deceased to disputes over the terms of a will or other estate-related disagreements. Understanding the legal framework and your rights is essential for effectively navigating these challenges. If you’re facing such a situation, reach out to the Law Offices of Terri D. Mason, P.C. today for dedicated legal support.

Filing a Claim Against an Estate in Maryland

Under Maryland law, individuals and entities (creditors) who believe that an estate owes them money have the right to file a claim to recover their dues. This process is governed by the Maryland Estates and Trusts Code and is designed to ensure fairness and transparency in settling the deceased’s debts.

Claim Form

The Maryland Register of Wills facilitates this process by providing a “Claim Against Decedent’s Estate” form, which is accessible on their official website. To file a claim, creditors must complete this form with precise details regarding the nature of the debt, the total amount owed, and include supporting documents such as contracts, invoices, or other written agreements that substantiate the claim.

Lawsuit

If the estate’s personal representative (often the executor or administrator) disputes or rejects the claim, the creditor may need to initiate further legal action. This involves filing a lawsuit against the estate, which moves the dispute to the Maryland Orphans’ Court system. This court specifically handles disputes related to the administration of estates and trusts. Engaging in litigation involves several legal procedures, such as proving the validity of the debt and the adequacy of notice given to the creditor.

Given the legal procedures involved, it is crucial to seek legal guidance. An estate planning attorney in Baltimore can help guide these proceedings, ensuring that your claim is presented effectively and your rights are upheld in court. Legal support is crucial in understanding state laws, engaging in negotiations with the personal representative, and, if necessary, presenting a compelling case to the Orphans’ Court.

Time Limits for Claims

Maryland imposes strict deadlines for filing claims against an estate. Generally, creditors have six months from the date of the decedent’s death to file their claims Maryland Estates and Trusts Code, Section 8-103. This timeframe is designed to allow estates to settle their affairs promptly.

However, the law also provides for an additional two-month window if the personal representative sends a formal notice to known creditors, requiring them to present their claims within a specified period, typically not less than two months from the date of the notice. Missing these deadlines can lead to the claim being barred, eliminating the possibility of recovery.

Trust Our Experienced Team

With over 29 years of experience in Maryland law, the Law Offices of Terri D. Mason, P.C. represent individuals in estate and disability-related legal matters. Our skilled estate planning lawyer understands the nuances of estate law and is dedicated to advocating for your rights and ensuring that you receive what you are rightfully owed.

If you are considering filing a claim against an estate, or if you face any disputes regarding estate administration, do not hesitate to seek professional legal help. Our team is equipped to guide you through every step of the process, from filing a claim to litigation if necessary. Take the first step towards resolving your estate-related concerns by contacting the Law Offices of Terri D. Mason, P.C. today.

Planning for the transfer of assets and Inheritance taxEstate planning isn’t just for the wealthy. It’s a crucial process that offers peace of mind by ensuring your loved ones are taken care of and your wishes are honored after you’re gone. At the Law Offices of Terri D. Mason, P.C., we’re dedicated to helping you navigate the often confusing world of estate planning. Let’s address some common questions citizens in Baltimore often ask.

What is Estate Planning?

Estate planning encompasses a range of legal tools designed to manage and distribute your assets after your passing. These assets include property, financial holdings, and personal belongings. But estate planning is more than just dividing your assets; it’s about protecting your legacy, ensuring your healthcare decisions are respected, and even planning for potential disability.

Why is Estate Planning Important?

Without a proper estate plan, your assets could be subject to lengthy probate proceedings, potentially causing financial strain and conflict among your heirs. An estate plan gives you control over who receives your assets, minimizing the chances of disputes and ensuring a smooth transition for your loved ones.

What Documents Are Included in an Estate Plan?

The cornerstone of most estate plans is a will, which outlines your wishes for asset distribution. Other crucial documents include:

When Should I Start Estate Planning?

Ideally, estate planning should begin as early as adulthood. Life events such as marriage, having children, or acquiring significant assets often necessitate a review and update of your estate plan. However, it’s never too late to start.

Do I Need a Lawyer for Estate Planning?

Consulting an experienced estate planning attorney in Baltimore ensures your plan is comprehensive, legally sound, and tailored to your specific needs. At the Law Offices of Terri D. Mason, P.C., our team is committed to providing personalized guidance throughout the estate planning process.

What are the Estate Tax Implications in Maryland?

Maryland has both an estate tax and an inheritance tax. However, the estate tax exemption is relatively high, meaning most estates won’t be subject to this tax. Inheritance tax, by contrast, depends on the relationship between the deceased and the beneficiary. Understanding these tax implications is crucial for effective estate planning in Maryland.

When Should I Update My Estate Plan?

Regularly reviewing and updating your estate plan is essential. Life events such as marriage, divorce, the birth of a child, or significant changes in your financial situation may necessitate adjustments to your plan. Additionally, changes in Maryland law could also impact your estate plan, making periodic reviews with an attorney crucial.

Ready to Take the Next Step?

Don’t leave your estate planning to chance. Contact the Law Offices of Terri D. Mason, P.C. today to schedule a consultation and embark on a journey towards peace of mind. Our compassionate and experienced team is here to guide you through the intricacies of estate planning in Maryland and create a plan that reflects your unique goals and values.

Three people sitting at a table signing documentsA power of attorney (POA) is a legal document that grants another person, known as your agent or attorney-in-fact, the authority to act on your behalf in legal and financial matters. There are two primary types of POAs: limited power of attorney (LPOA) and general power of attorney (GPA). Understanding the differences between these two types is crucial when planning for your future. If you need assistance understanding or creating a power of attorney, contact the Law Offices of Terri D. Mason, P.C.

Limited Power of Attorney (LPOA)

An LPOA is a valuable tool for Baltimore residents who need assistance with specific tasks but prefer not to grant broad authority to their agent. Common scenarios where a limited power of attorney might be beneficial include:

General Power of Attorney (GPA)

A General Power of Attorney (GPA) is a more comprehensive document that grants your agent broad authority to handle a wide range of your affairs. This type of POA is often used for long-term planning, particularly in situations where you anticipate becoming incapacitated or unable to manage your affairs independently.

Under a GPA, your agent may be authorized to:

A GPA is often a crucial component of a comprehensive estate plan, ensuring that your affairs are handled according to your wishes even if you are unable to communicate them yourself. However, it is important to choose your agent carefully and trust their judgment, as they will have significant power over your life.

Choosing the Right Power of Attorney for Your Needs

Selecting the most suitable Power of Attorney in Maryland requires careful consideration of your individual circumstances, preferences, and long-term goals. At the Law Offices of Terri D. Mason, P.C., our Baltimore estate planning lawyer recognizes that each client’s situation is unique. Here are some factors to consider when choosing a power of attorney in Baltimore:

The Law Offices of Terri D. Mason: Your Trusted Legal Partner

If you have questions about powers of attorney or need assistance with estate planning, contact the Law Offices of Terri D. Mason, P.C. today. Our dedicated trust and estate lawyer is committed to providing personalized legal services to meet your specific needs. We understand the importance of safeguarding your future, and we’re here to help you every step of the way.

Contact us today to schedule a consultation and learn more about how we can assist you with your legal needs.

Businessman offering money for collage on night cityAn Intentionally Defective Grantor Trust (IDGT) is a unique type of irrevocable trust designed with specific tax advantages in mind, as established under Internal Revenue Code Section 671. While the term “defective” might sound concerning, it’s actually a strategic feature.

In an IDGT, the grantor (the person creating the trust) retains certain powers over the trust, making them liable for its income taxes. This might seem counterintuitive, but it can lead to significant estate and gift tax savings. If you’re seeking to optimize your estate plan, the Law Offices of Terri D. Mason, P.C. can discuss how an IDGT could be a valuable tool for you.

How Does an IDGT Work?

An IDGT is a type of irrevocable trust that allows the grantor to retain certain powers over the trust assets. This means the grantor can still make decisions about how the trust assets are invested and used. However, because the grantor retains these powers, the trust assets are considered part of the grantor’s taxable estate for estate tax purposes.

Despite this, IDGTs can still be a valuable estate planning tool. This is because the grantor can make gifts to the trust without incurring gift taxes. The gifts are considered incomplete for gift tax purposes because the grantor retains some control over the trust assets.

In addition, the income generated by the trust assets is taxed at the grantor’s individual income tax rate, which is often lower than the trust’s tax rate. This can cause significant tax savings.

Finally, IDGTs can be used to protect assets from creditors. This is because the assets in the trust are generally not considered part of the grantor’s estate for creditors’ purposes. Here is an example of how an IDGT can work:

A grantor creates an IDGT and transfers $1 million worth of assets to the trust. The grantor retains the power to make investment decisions for the trust assets. The grantor also retains the power to revoke the trust at any time.

The trust generates $50,000 of income each year. This income is taxed at the grantor’s individual income tax rate, which is 37%. As a result, the grantor pays $18,500 in income taxes on the trust income each year.

The grantor dies five years later. At that time, the trust assets are worth $1.5 million. Because the grantor retained the power to revoke the trust, the trust assets are not included in the grantor’s taxable estate for estate tax purposes. As a result, the grantor’s estate does not owe any estate taxes on the trust assets.

In this example, the IDGT saved the grantor’s estate $525,000 in estate taxes. This is because the grantor was able to make gifts to the trust without incurring gift taxes, and the trust assets were not included in the grantor’s taxable estate for estate tax purposes.

Overall, IDGTs can be a complex but valuable estate planning tool. If you are considering using an IDGT, it is important to consult with an experienced estate planning attorney to discuss whether it is right for you.

Who Should Consider an Intentionally Defective Grantor Trust?

An IDGT might be a suitable estate planning tool for individuals who:

Is an Intentionally Defective Grantor Trust Right for You?

If you are considering an Intentionally Defective Grantor Trust as part of your estate plan, it’s crucial to seek guidance from an experienced estate planning attorney. The Law Offices of Terri D. Mason, P.C., with 29 years of experience, can help you understand the intricacies of IDGTs and determine if they align with your financial goals and family needs. Contact us today to schedule a consultation and explore how an IDGT can benefit your estate plan.

Young Couple Is Meeting With A Financial Planner To Discuss Their Future Investments And Family Finances In An OfficeIn today’s digital age, you no longer need to leave the comfort of your home to take crucial steps in securing your family’s future. Estate planning, once synonymous with in-person meetings and stacks of paperwork, can now be initiated remotely. Let’s delve into how you can start this important process from the comfort of your home. Ready to get started? The Law Offices of Terri D. Mason, P.C., is here to guide you every step of the way.

Step 1: Contact an Estate Planning Attorney in Baltimore

Securing your legacy starts with a conversation. Reach out to an experienced estate planning attorney at Law Offices of Terri D. Mason, P.C. Together, we’ll explore your goals and options, tailoring a plan that perfectly suits your situation.

Step 2: Gather Your Financial Information

To create a comprehensive estate plan, it’s essential to have a clear picture of your assets. Compile a list of your financial information, including bank accounts, investment portfolios, retirement accounts, insurance policies, and any real estate holdings you own. This information will serve as the foundation for your estate plan, ensuring your assets are protected and distributed according to your wishes.

Step 3: Define Your Estate Planning Goals

What do you want your legacy to be? Do you want to ensure your loved ones are taken care of financially, minimize tax burdens on your estate, leave a lasting contribution to a charity, or safeguard your assets for future generations? Clearly articulating your goals will help your estate planning lawyer craft a customized estate plan that aligns with your values and aspirations. It will also help you avoid the most common estate planning mistakes most people make.

Step 4: Select Your Estate Planning Tools

Estate planning encompasses various legal tools, each with its unique purpose. A will, durable power of attorney, advance healthcare directive, and trust are common components of a comprehensive estate plan. Consult with your attorney to determine which combination of tools best suits your individual needs and objectives.

Step 5: Draft Your Estate Planning Documents

Working closely with your estate attorney, you’ll create essential estate planning documents. Your attorney will ensure that these documents accurately reflect your wishes and follow relevant laws. By drafting your documents electronically, you can easily review and revise them as needed, ensuring every detail is perfect.

Step 6: Execute Your Documents Securely

Once your estate planning documents are finalized, it’s time to make them official. With secure electronic platforms, you can sign your documents from the comfort of your home. If witnesses are required, they can also participate virtually, ensuring a smooth and convenient process.

Step 7: Regularly Review and Update Your Estate Plan

Life is full of changes, and your estate plan should evolve alongside it. Make it a habit to review your estate planning documents periodically, especially after major life events such as marriage, divorce, births, deaths, or significant changes in your financial situation. By keeping your estate plan up-to-date, you can ensure that it continues to reflect your wishes and protect your loved ones.

Making Sure Your Estate Plan Works for You

At the Law Offices of Terri D. Mason, P.C., we are dedicated to guiding you through the process with compassion and unparalleled skill. Our team, led by Terri D. Mason, an experienced estate planning attorney in Baltimore, understands the unique needs of individuals with disabilities and their families. Don’t delay securing your family’s future. Contact the Law Offices of Terri D. Mason, P.C. today to schedule a consultation and initiate your estate plan remotely.

Remember: Peace of mind is just a click away.

businessman and real estate marketEstate planning isn’t just about writing a will. It ensures that your financial affairs are in order and assets pass smoothly to beneficiaries. A crucial component in estate planning is determining the fair market value of your estate’s assets. Understanding how valuations work enables you to make well-informed decisions about maximizing your legacy and minimizing potential tax burdens.

What is Included in an Estate Valuation?

An estate valuation compiles all the assets that constitute your estate. This comprehensive process encompasses:

How Are Assets Valued?

Evaluating an estate requires a comprehensive assessment of all assets, including real estate, investments, personal property, and even intangible assets. This process can be complex, necessitating a detailed understanding of current market values and the legal landscape.

Why Does Estate Valuation Matter?

Accurate estate valuation is vital for several reasons.

Schedule Your Consultation Today

Estate planning can become complex, especially when dealing with sizable or diverse assets. An experienced estate planning attorney in Baltimore helps navigate the valuation process. They have the skill to ensure accurate assessments, provide legal guidance, and develop strategies to optimize the value of your estate while keeping your goals in mind.

If you’re ready to ensure a smooth and efficient transfer of your wealth,  don’t leave your estate plan to chance. Contact the Law Offices of Terri D. Mason to schedule a consultation and discuss how we can help safeguard your legacy. Our team of estate planning lawyers provides the legal support you need.

young couple got help with mortgage interest, signed contract for a long-term housingTraveling should be a time of enjoyment and relaxation. However, unexpected accidents and emergencies can mar a well-planned vacation. To ensure your peace of mind and safeguard your legacy while you’re away, having a solid estate plan in place is a non-negotiable.  Here’s a comprehensive travel checklist to make sure your estate affairs are in order.

Important Estate Planning Documents

The core of estate planning lies in a few key documents. Understanding what they are and how they work is the first step toward establishing a solid plan that brings both you and your loved ones peace of mind.

Don’t just have these documents in place; make sure your family or an authorized person knows where to access them.

What You Should Do Before Traveling

Preparing for a trip extends beyond packing your suitcase. Taking care of important matters before you depart will save you from potential headaches and ensure you can fully enjoy your adventures.

Review and Update Beneficiaries

Insurance policies, investment accounts, and retirement plans often have designated beneficiaries. Ensure these are up-to-date. Life changes, like marriage, divorce, or family dynamics, might require you to adjust beneficiaries accordingly.

Guardianship Arrangements

Should you be traveling with minor children, it’s vital to set up temporary guardianship in the event of an unforeseen incident. This gives a trusted person the right to make decisions regarding the well-being of your children while you are unable to do so.

Organize and Protect Your Documents

Leaving your affairs in order before you travel will save heartache in an already difficult situation. Here are some key things to do:

Consult an Estate Planning Attorney in Baltimore

Complex estate planning decisions or international travel can present unforeseen challenges. In these cases, partnering with a qualified estate planning lawyer will bring peace of mind. They can provide the right guidance tailored to your unique circumstances.

At the Law Offices of Terri D. Mason, we understand the importance of safeguarding your legacy and protecting your loved ones. Our experienced trust and will attorneys will help you navigate all aspects of estate planning, ensuring your affairs are in order whether you are at home or abroad.  Visit us for a consultation and let us be a part of your peace of mind before your next journey.

protecting your savingsOscar Wilde’s celebrated play, “The Importance of Being Earnest,”  is a witty comedy of mistaken identities and societal expectations. While estate planning might lack the play’s humor, it echoes the importance of careful planning and meticulous execution. An artfully crafted estate plan, especially regarding trusts, protects your wishes and ensures a smooth transition of assets to your loved ones.

What is a Trust?

A trust is a legal entity that holds your assets (property, investments, etc.). A trustee, whom you appoint, manages the trust according to your instructions for the benefit of designated beneficiaries. Trusts offer advantages like avoiding probate (the court-supervised asset distribution process) and ensuring privacy.

The Pitfalls of an Unfunded Trust

Much like the fictional character of ‘Bunbury’ in Wilde’s play, an unfunded trust is a mere concept.  Despite good intentions, creating a trust without transferring assets into it renders it ineffective. Here’s why proper funding matters:

Failing to fund your trust can have unintended consequences, frustrating your efforts to protect and distribute your assets. It could undermine well-laid plans and lead to delays, extra costs, and even potential family discord.

Let Us Help You

Establishing and adequately funding a trust requires careful consideration alongside other estate planning tools. An experienced estate planning attorney in Maryland can guide you through the process, ensuring your wishes are documented and implemented effectively.

The Law Offices of Terri D. Mason focus in estate planning, including trusts, wills, and conservatorships.  We also navigate the complexities of Social Security Disability benefits. Our trust and estate lawyers in Maryland understand that these matters are both legal and deeply personal. We offer compassionate counsel to help you plan confidently for the future.

Don’t leave your assets and legacy hanging in the balance.  If you have questions about estate planning, trusts, or want to protect your hard-earned assets, contact us today. With careful planning and legal advice, you can ensure your future, and that of your loved ones, is secure.

a scale house on some forms for a deed to conceptualize on the financial investmentAdding the name of your child to your property deed might seem like a simple way to ensure the smooth transfer of your home and avoid issues like probate after you pass away.  However, there are some significant potential drawbacks to be aware of before making this decision.

  1. Loss of Control

Once you add your child to your deed, they become a co-owner of your property. This means they have the same rights to sell, mortgage, or alter the property as you do, potentially without your consent.  You lose sole decision-making control over the property.

  1. Exposure to Your Child’s Liabilities

If your child incurs debts, faces lawsuits, or files for bankruptcy, their creditors may be able to place a lien on the property or even force its sale. Your attempt to help your child could unintentionally put your own home at risk.

  1. Complications with Estate Planning

Adding a child to your deed can override other aspects of your estate plan, such as your will or trust. This can cause unintended consequences and potentially lead to disputes amongst your heirs. Estate planning should be carefully considered; prematurely transferring property ownership can introduce unforeseen complications.

  1. Gift Tax Implications

Transferring part ownership of your home to your child is considered a gift by the IRS. If the property’s value exceeds the annual gift tax exclusion limit, you may need to pay gift taxes.  It’s essential to understand the potential tax consequences before adding your child to the deed.

  1. Capital Gains Tax Issues

When inheriting a property, beneficiaries usually receive a “step-up in basis,” meaning its value for tax purposes is adjusted to the fair market value at the time of the owner’s death. By adding your child to the deed during your lifetime, their basis in the property remains the same as  yours.  This can result in significantly higher capital gains taxes if they later sell the property.

Protect Your Assets and Your Legacy

Before making any significant changes to your property ownership,  consult with an experienced estate planning attorney in Baltimore. An attorney can assess your individual circumstances, discuss alternative strategies, and ensure your decisions align with both your financial goals and your wishes regarding your legacy.

If you are in need of estate planning services or have questions about property ownership issues, contact the Law Offices of Terri D. Mason. Our trust and estate lawyers are committed to helping you make informed decisions and safeguard your assets for the future.

Let us guide you through the complexities of estate planning.  Call us for a consultation.

this is their family heirloomThe passing on of family heirlooms is a symbolic tradition, encapsulating the essence of familial history and values. These items, often steeped in memories and emotions, can, however, become sources of contention during estate divisions. To ensure these treasured possessions are handed down smoothly, and with minimal familial discord, a strategic approach is imperative. This often involves legal counsel from professionals like Social Security Disability lawyers or Baltimore MD disability insurance attorneys, who, despite their primary focus areas, are well-equipped to navigate the intricacies of estate planning.

Legal Guidance: A Pillar in Estate Planning

Creating a successful estate plan, especially when dealing with heirloom transfers, requires a series of strategic steps involving legal guidance. Here is a step-by-step process highlighting the importance of incorporating legal professionals:

Begin by consulting an attorney knowledgeable in estate and disability law. This step is crucial for informed, legally sound estate planning.

With your attorney, draft clear, enforceable legal documents such as wills or trusts. This step is essential to clearly define heirloom distribution and avoid future misunderstandings.

Encourage open discussions among family members about the estate plans. This transparency helps align expectations and reflect the estate owner’s intentions.

Work with your attorney to develop strategies that can help avoid future disputes among beneficiaries. This could involve setting up specific clauses in legal documents or arranging family meetings to discuss the estate plans.

Estate planning is an ongoing process. Regularly review and update your estate plans with your attorney to reflect any changes in circumstances or intentions. This ensures that the estate plan remains relevant and effective.

Following these steps with the guidance of a skilled legal professional ensures that the process of estate planning, particularly the transfer of heirlooms, is conducted smoothly, legally, and in a way that honors the wishes of the estate owner.

The Emotional Quotient in Legal Planning

While legal documents are the backbone of estate planning, equal weight must be given to the emotional connections attached to family heirlooms. Social security disability lawyers and disability attorneys in MD often advise on considering the sentimental value of items during their allocation. This approach not only ensures a fair distribution but also minimizes emotional conflicts among heirs.

Strategies for Fair Distribution

Attorneys focused on social security disability often recommend objective criteria for heirloom distribution. This might involve an equal division or taking into account the personal attachment or needs of the beneficiaries. Guidance from a Baltimore social security disability lawyer is invaluable in formulating strategies that promote an equitable distribution.

The Role of a Neutral Mediator

In some situations, involving a neutral mediator, such as a social security disability lawyer, can help in resolving disputes. Their impartial perspective and legal insight can be pivotal in ensuring that the distribution aligns with the original intentions of the estate owner.

5 Key Strategies to Secure Your Family’s Heirloom Legacy

Protecting Your Heirlooms and Family Harmony

Don’t leave the future of your family heirlooms to chance. For comprehensive and compassionate legal assistance, consider reaching out to the Law Offices of Terri D. Mason. Their team of knowledgeable social security disability lawyers are well-equipped to provide you with the guidance needed to ensure your treasured possessions are passed down in a way that honors your wishes and maintains family harmony. 

By choosing the Law Offices of Terri D. Mason, you’re not just making a legal decision; you’re taking a step towards securing your legacy and protecting the bonds of your family. Their team is committed to understanding your unique needs and providing a plan that aligns with your family’s values and traditions. Trust in their capable hands to safeguard your heirlooms and your family’s future.