Estate planning is very important, but many people make avoidable mistakes. Here are common pitfalls people in Rockville should watch out for. Avoiding them can save your heirs trouble and reduce costs.
Mistake #1: No will or outdated will
Sometimes people assume their family knows what they want. Without a will, Maryland law decides who inherits, and that might not match what you intended. Even if you made a will years ago, changes in life (marriage, children, divorce, big asset changes) might make it wrong or unfair.
Mistake #2: Not planning for incapacity
Estate planning is not just about what happens after death. What if you get sick or injured and can’t make decisions? Without documents like a durable power of attorney or advance medical directives, courts may decide who handles your finances or health care. That can be costly and delay needed care.
Mistake #3: Overlooking probate and non-probate assets
Some property must pass through probate. Other assets—like those held jointly, life insurance with a named beneficiary, or retirement accounts—may pass outside of probate. Failing to use beneficiary designations or joint ownership properly can leave liabilities or leave assets stuck in probate.
Mistake #4: Misunderstanding taxes
A few of the estate tax and inheritance tax rules in Maryland have thresholds and exemptions. For example:
- If the estate is under about $5 million, estate tax likely doesn’t apply.
- Some heirs (children, spouses) are exempt from inheritance tax; others are not. If you misjudge tax liability, heirs or executors may be surprised by unexpected fees or liabilities.
Mistake #5: Not naming the right people for key roles
Estate planning often requires naming:
- An executor / personal representative
- Someone with power of attorney for financial decisions
- Someone for medical decisions
If you pick someone without considering whether they’re trustworthy, willing, or able, it can lead to delays or conflict. Also, naming backups is smart in case your first choice can’t serve.
Mistake #6: Failing to keep documents current
Old wills, powers of attorney, or trust documents may refer to assets you no longer have, people no longer in your life, or laws that have changed. Failing to update these documents may cause confusion or legal challenges.
Mistake #7: Trying to DIY without making sure of the State Rules
Doing estate planning on your own using generic forms may miss important local or state legal requirements. Maryland has specific rules about probate, inheritance, taxes, and required documents. Some forms must be filed with the Register of Wills; there are rules about noticing creditors, appraisals, and more.
How to avoid these mistakes
- Begin early: it’s much easier to plan ahead than correct problems later.
- Use checklists to make sure all important documents are included (will, trust if needed, power of attorney, health care directive, beneficiary forms).
- Keep good records of your assets and debts.
- Review your planning every few years and especially after big life events (marriage, divorce, births, deaths, large inheritances, assets sold or bought).
- Seek advice from someone who knows Maryland estate law to make sure everything is valid under state rules. You can also find helpful legal-information resources like those found under Estate planning in Rockville MD for general guidance.
