Why do I need a Will? I am unmarried and most of my assets name my child and my niece as beneficiaries?

First you state that  “most” of your assets have beneficiaries designated. The assets for which you have not named an individual or individuals to receive those assets upon your death, must pass through probate. For example, if you own a home titled in your name only, and no one is named in the Deed to receive title to your property upon your death, your home will become a part of your probate assets.

If you do not have a Will, and are unmarried, your probate assets would pass to your child only, under Maryland’s intestacy laws. This would be contrary to your goal of distributing your assets to your child and niece. Whereas if were remarried at the time of your death, and died without having executed a Will, under Maryland’s intestacy laws, your assets would be divided evenly between your husband and minor child, again contrary to your stated distribution goal.  If you executed a Will however, in both instances your Will could state the persons to whom you want your assets distributed to.  However, if you are married at the time of your death, your husband has the right to elect against your Will and claim One-Third (1/3) of your assets, if your Will did not contain provisions for him.

Since your child is a minor, you may also want to execute a Will that contains provisions appointing a guardian for your child, most likely in the event that their natural father is unable or unwilling to serve. In the absence of such a provision, the guardianship of your child would have to be determined through a judicial proceeding.

Your Will could also contain provisions providing for the distribution of your assets to a Trustee, who would hold your assets in trust for your child.  In the absence of such trust provisions or provisions for distribution at age twenty-one under Maryland law, your  estate would be distributed to your child when they reach eighteen. Most eighteen year olds that I know are not equipped to handle large sums of money.

If the above reasons have not convinced you to execute a Will, also consider that in a Will you can appoint the person you want stand in your shoes as your Personal Representative, as well as provisions addressing your funeral, burial, or cremation arrangements, and provisions addressing who pays taxes assessed in your estate as well as provisions minimizing taxes. It is evident that the benefits of executing a Will far outweigh the cost of preparing such a document.



My boyfriend and I plan to purchase a new home. How should we have the home titled?

There are a number of ways that two or more individuals may hold title to real estate in Maryland.  First, if they are married when they acquire title to real property, they may hold title as  “tenants by the entireties”.  The primary benefit of holding title as tenants by the entireties is for “asset protection”, in that future creditors of either husband or wife may not attach the equity in the property to satisfy a debt owed by either of them.  However, creditors of both husband and wife, such as a mortgage company or the IRS, may attach property titled as tenants by the entireties.  If you and your boyfriend later decide to get married, you should consult with an attorney relative  to retitling your property.  


If you intend to purchase the property without being married, then the two types of joint ownership that are available to you and your boyfriend are “tenants in common” and “joint tenants, with rights of survivorship”.  As the name implies, with a joint tenancy, upon the death of either one of the owners, the other owner or owners will acquire title to the property by operation of law. Whereas if two or more persons hold title to real property as “tenants in common”, then upon the death of any one of the owners, their interest in the property will pass to those individuals whom they have designated in their Will or Revocable Trust,  or if no one has been designated, to their heirs as determined under Maryland’s intestacy laws.


As evident, you and your boyfriend need to discuss your goals when considering how you want your home to be titled.  Additionally, given the passage of laws acknowledging domestic partnerships in Maryland, it is important that the appropriate Affidavit and supporting documents be prepared, to enable you and your boyfriend to qualify for an exemption from Maryland Inheritance taxes (not estate taxes), and from recordation and transfer taxes.  An attorney will be able to assist you preparing the those documents.


Valerie A. Rocco, P.C., is an estate planning, probate and elder law attorney with more than 30 years experience.  Her responses to questions are based upon Maryland law. Ms. Rocco may be contacted at 410-266-1009 (Annapolis), or 410-997-4228 (Columbia), or visit her website at   “www.SeniorsAdviser.com”