Do I Need a Will or a Trust in Maryland?
Estate planning can feel overwhelming, especially when you’re unsure whether you need a will, a trust, or both. At Holt Legacy Law, we help Maryland families understand their options so they can make confident, informed decisions about the future.
What a Will Does in Maryland
A will is the foundation of many estate plans. It allows you to:
Decide who will receive your property after your death.
Name a guardian for your minor children.
Appoint a personal representative to carry out your wishes.
However, a will does not avoid probate. After you pass away, your executor must file your will with the Maryland Register of Wills, and your estate will go through the probate process which is a public, court-supervised procedure that can take months to complete.
For many families, this is perfectly fine. But if privacy, efficiency, or avoiding court involvement are priorities, a trust may be a better fit.
What a Revocable Living Trust Does
A revocable living trust can accomplish everything a will does and more.
It allows your assets to bypass probate, keeping your affairs private and often saving your loved ones time and expense.
With a trust, you can:
Maintain control of your assets during your lifetime.
Appoint a successor trustee to manage your affairs if you become incapacitated.
Ensure your beneficiaries receive assets directly without court approval.
Because it’s revocable, you can change or revoke the trust at any time while you’re alive and competent.
When a Will Might Be Enough
If your estate is relatively simple, for example, if you own few assets in your own name, don’t have minor children, and aren’t concerned about probate, then a will may meet your needs.
A will is also essential even if you have a trust, since it serves as a safety net (“pour-over will”) for any assets not titled in your trust.
When to Consider a Trust
You may want to add a trust to your plan if you:
Own real estate in Maryland or another state.
Want to avoid probate for your loved ones.
Have minor children or beneficiaries who should receive assets gradually.
Desire privacy about your estate details.
Want a smooth transition if you become incapacitated.
Combining Both for a Complete Plan
For most Maryland families, the best approach includes both a will and a revocable trust.
Your will ensures nothing is left out, while your trust provides the control and protection your loved ones need.
At Holt Legacy Law, we take time to understand your goals, assets, and family circumstances before recommending the right combination for your situation.
Ready to Create Your Estate Plan?
Protecting your family’s future starts with a conversation.
Schedule your free 30-minute consultation to learn whether a will, a trust, or both make the most sense for you.
Prefer to speak with someone directly? Call us at (410) 864-6395. We’re happy to help.
