Wills

I’ve written on the importance of a trust administration lawyer before, here, and I am going to touch on the process again. Trust administration is becoming more and more of an issue for Americans because of the growing popularity of revocable living trusts. While I believe that revocable living trusts are unnecessary for most people, if a trustee has been chosen to administer a trust, he or she must face a task that can be even more daunting than a probate. That means trustees may need the assistance of an attorney.

Trust administration is not overseen by courts in the same way that probate is.

Choosing an attorney is like choosing any service provider. Various factors need to be taken into account before making a decision, including cost, reputation, and even likability of the provider. Lawyers are licensed service providers who generally work hard to provide the best service possible.

Your will is a vital part of the organization of your estate. While writing your own will is perfectly legal, it’s generally not a good idea: having a wills attorney draft it for you is the best course of action.

What is probate? Probate is the system in place in most of the United States that administers the wills of estates. When you die, your estate passes through probate and money owed to creditors (and attorneys) is paid out, followed by property that is due to beneficiaries (heirs).

In Howard County, probate is a straightforward process. The Register of Wills in the county is located in the Circuit Courthouse in Ellicott City. The Register of Wills is the office that oversees administration and helps to guide personal representatives (executors) through the process toward its eventual conclusion and closure.

There’s a common belief, even held by some attorneys, that you do not need to have a will or any type of estate planning done before you die. Many feel that the intestacy laws, the laws regarding people who die without a will or trust that manages their assets, are written well enough that your loved ones will get what they need when you die.

For some, this will be true. If you own a home together with a spouse and you die, your spouse will own the house without having to go through probate as long as the home was purchased jointly by the spouses when they were married. Most people’s estates are made up of a piece of real property, a car or two, and whatever is left in the bank.