Maryland Last Will and Testament Form

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Maryland Last Will and Testament: What Is It?

A Last Will and Testament is a legal document that a person, known as a Testator, will create to specify how their personal and real property will be distributed after their death. Once the form is created, it must be signed, witnessed, and notarized to become a legally enforceable document. Once the proper steps have been taken, the Will should be sent to all of the named beneficiaries as well as the Grantor’s attorney. In Maryland, a Will must be registered with the state.


Maryland State Laws

Laws - Title 4: Wills


Witnesses - According to §4-102, the Will must be signed by two (2) witnesses in the presence of the Testator.


Proof of Execution Form (Form RW1102) - Must be submitted with every Will.


The Will must be registered, and a $5 fee must be paid.


How to Write a Last Will and Testament in the State of Maryland

Step 1 - Establishing the Testator - Provide the following information about the Testator

  • Name
  • City and county of residence

Step 2 - Naming a Spouse - Provide the following information on your marital status, as well as if your spouse will be named as a beneficiary.

  • Marital status
  • Name of spouse (if applicable)
  • Whether or not your spouse will be named as a beneficiary

Step 3 - Identifying Children, Pets, and Life Insurance - Provide the following information

  • Children - Names, living status (deceased or living)
  • Pets - Names, descriptions
  • Life Insurance - Contact information, policy number, company name

Step 4 - Breakdown of Inheritance - Provide the following of what will be left to each child

  • Name of child
  • Property or possession left to him or her
  • Percentage of property or assets to be inherited

Step 5 - Establishing Trust for Persons who need Special Care - Establishing a Trust for those who may have a mental illness or physical disability and requires special care, can prevent any issues with them receiving other benefits such as Supplemental Security Income or Medicaid.

  • Name of individual
  • Relationship to you

Step 6 - Stipulations on Inheritance - Provide the following:

  • Provide the age that children will be when benefits begin
  • Provide the age that children must be when benefits come to an end
  • Provide the portion that will be inherited

.


Step 7 - Funeral Home Arrangements - Describe arrangements for your funeral home:

  • Name of funeral home
  • Address
  • Other pertinent information

Step 8 - Last Meal Specifications:

  • Provide any specifics that you may have about the meal after your funeral service

Step 9 - Naming an Executor - Provide the following information of your Executor:

  • Name
  • Relationship with you

Alternate Executor

  • Name
  • Relationship with you

Forbidden Executor

  • Name
  • Relationship with you

Step 10 - Name a Trustee - If your assets are set up in a trust, appoint someone to act as your Trustee, one who will be responsible for distributing your assets out of the trust.

  • Name
  • Relationship with you

Alternate Trustee

  • Name
  • Relationship with you

Forbidden Trustee

  • Name
  • Relationship with you


Step 11 - Name your Digital Executioner - Name the person responsible for distributing your digital assets.

  • Name
  • Relationship with you

Step 12 - Guardian for Minor Children - If you have minor children, provide the name of the person you wish to act as a guardian over them.

  • Name of Guardian
  • Relationship with you

Alternate Guardian

  • Name
  • Relationship with you

Conservator

  • Name of Conservator
  • Relationship with you

Step 13 - Naming Additional Beneficiaries - If there are more individuals besides your children that you wish to name, provide that information here.

  • Name
  • Relationship to you
  • Inheritance amount/percentage

Step 14 - Disinheriting Individuals - If there is someone you wish to disinherit, provide that information here:

  • Name
  • Relationship to you

Step 15 - Witness Information- Provide information for each of your witnesses:

  • Name
  • Mailing address (including city, state, zip code)
  • Contact Number

Remember that in the state of Maryland, your Will must be signed by your two witnesses. In addition, your Will must be submitted to the state, along with your Proof of Execution Form (Form RW1102).


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