Why Choosing the Right Maryland Estate Planning Attorney Matters
Many people begin looking for a Maryland estate planning attorney because they want a Will, a Living Trust, a Power of Attorney, or all of these. Those documents are extremely important, but choosing the right Maryland estate planning attorney involves much more than deciding who will prepare paperwork.
A well-designed estate plan should address what happens during your lifetime as well as after your death. It should consider incapacity, probate avoidance, tax planning, asset protection, beneficiary protection, and long-term care concerns. In Maryland, estate planning can be particularly complex because Maryland is the only state that imposes both an estate tax and an inheritance tax.
If you are searching for a top Maryland estate planning attorney, here are ten qualities you should consider before making your decision.
1. Knowledge of Maryland-Specific Estate Planning Laws
Estate planning laws vary significantly from state to state. An attorney who understands Maryland law can help you avoid mistakes that may not be obvious to attorneys who primarily practice elsewhere.
Maryland residents face unique planning issues involving:
- Maryland estate tax;
- Maryland inheritance tax;
- Maryland probate procedures;
- The extremely strict and complex Maryland Medicaid planning rules; and
- Maryland Medicaid estate recovery program and lifetime TEFRA lien issues.
One of the first questions you should ask any estate planning attorney is how much experience they have helping Maryland families specifically, and how much experience they have with long-term care and Medicaid planning — issues that are critical for most people.
2. A Comprehensive Estate Planning Philosophy
Some attorneys focus narrowly on preparing Wills or Revocable Living Trusts. Others take a broader approach.
A comprehensive Maryland estate plan should include:
- A Last Will and Testament
- A Revocable Living Trust or an irrevocable Living Trust Plus®
- A Durable General Financial Power of Attorney
- An Advance Medical Directive
- Beneficiary designation coordination
- Asset ownership review
- Tax planning if relevant; and
- Long-term care planning when appropriate and desired.
Comprehensive planning produces better results than focusing on any single document or limited set of documents.
3. Experience With Living Trusts and Probate Avoidance
Many Maryland residents are interested in avoiding probate. Living Trusts can be an effective tool when properly designed and funded.
A trust may help maintain privacy, simplify administration, provide continuity during incapacity, and reduce burdens on loved ones.
Before hiring an attorney, ask about the attorney’s experience creating and administering trusts.
4. Understanding of Maryland Estate Tax and Inheritance Tax
This is one area where Maryland differs dramatically from many other states.
Maryland is currently the only state in the country that imposes both an estate tax and an inheritance tax. While many families will not ultimately owe either tax, a knowledgeable attorney should understand how these taxes work and whether they may affect your planning.
Even when taxes are not immediately relevant, understanding them can help shape beneficiary designations, trust planning, gifting strategies, and overall estate design.
5. Strong Incapacity Planning Skills
Many people focus exclusively on what happens after death and overlook what may happen if they become unable to manage their own affairs.
A comprehensive Maryland incapacity plan and estate plan should address:
- Financial decision-making, if you’re not able to manage your own finances;
- Medical decision-making, if you’re not able to make your own health care decisions;
- HIPAA privacy issues;
- Dementia planning, including a Dementia Directive, in the event you (or your spouse, if married) ever have dementia;
- Long-term care planning, including a Long-term Care Directive®, if you (or your spouse, if married) ever need long-term care;
- Disability planning, as you never know when you or someone you name in your documents may become disabled or incapacitated;
- Special Needs Planning if anyone in your family has a special need (or even if they don’t, because you never know when someone may become disabled or develop a special need); and
- Trust administration during incapacity.
Without proper planning, loved ones may need to seek guardianship through the courts.
6. Experience With Estate Administration
Law firms that regularly help families administer estates often has valuable insight into which estate planning strategies work best in practice.
Understanding probate, trust administration, creditor claims, tax filings, and fiduciary responsibilities can help an attorney design a plan that reduces burdens on family members after death.
Learn more about Farr Law Firm’s Trust and Estate Administration services.
7. Long-Term Care and Medicaid Planning Experience
Many traditional estate planning attorneys do not spend much time discussing long-term care costs.
For many Maryland families, however, the possibility of nursing home care, memory care, assisted living, or extensive home care may represent one of the greatest threats to lifetime savings.
An attorney who understands long-term care planning can help clients evaluate options years before a crisis occurs.
8. Asset Protection Knowledge
Estate planning is often about much more than passing assets after death. It may also involve protecting assets during life.
Maryland families frequently ask whether it is possible to protect a home, investments, savings, and other assets from future long-term care expenses.
An attorney experienced in Medicaid Asset Protection Planning can discuss strategies that may be available depending on a family’s goals and circumstances.
9. Professional Credentials and Educational Leadership
When comparing attorneys, it is reasonable to consider credentials, certifications, publications, and educational contributions.
Attorney Evan Farr has written extensively on estate planning, asset protection, and long-term care planning, including four bestselling books and dozens of scholarly articles and treatises, and regularly teaches other attorneys across the U.S.
Consumers often find it helpful to work with attorneys who regularly educate both the public and other professionals.
10. A Commitment to Protecting Families During Life and After Death
The best estate plans do more than transfer assets.
They help families prepare for incapacity, preserve financial security, reduce unnecessary legal complications, and provide clear instructions for loved ones.
Certified Elder Law Attorney Evan Farr developed the Living Trust Plus® Medicaid Asset Protection Trust and licenses its use to attorneys around the country. Farr Law Firm is the exclusive provider of the Living Trust Plus® throughout Maryland.
A comprehensive estate plan should protect what matters most—not just after death, but throughout life.
Frequently Asked Questions About Choosing a Maryland Estate Planning Attorney
Does Maryland have an estate tax?
Yes. Maryland is one of the few states that still imposes a state estate tax.
Does Maryland have an inheritance tax?
Yes. Maryland is unique among all the states as the only state that imposes both an estate tax and an inheritance tax, though many close family members are exempt from the inheritance tax.
Should my estate planning attorney discuss long-term care and Medicaid planning?
Ideally, yes. Long-term care costs can have a major impact on an estate plan, particularly for seniors.
Do I need a Living Trust in Maryland?
That depends on your goals, assets, privacy concerns, probate avoidance objectives, and family circumstances.
How often should I review my estate plan?
Most people should review their estate plan every few years and after major life changes.
Start Your Planning Now
If you are looking for a Maryland estate planning attorney, choose a firm that understands not only Wills and trusts but also tax planning, incapacity planning, long-term care planning, and asset protection strategies.
Farr Law Firm, with offices in Rockville, Maryland, and Annapolis, Maryland, helps Maryland families create comprehensive estate plans designed to protect what matters most.