Simple Will Attorney in Fulton, MD
Giving your family security and peace of mind for the future
Planning for the future isn’t just about dollars and investments; it’s about protecting the people and things you care about most. A simple will provides you with control over what happens to your children, your assets, and your wishes even after you’re gone.
In Fulton, MD, creating a simple will is one of the best ways families can avoid confusion or distress later on, even though many people overlook it until it’s too late. If you have any questions about how to create a simple will or anything related to the process, our team can help. Call us today to schedule your initial consultation.
Table of contents
What is a simple will?
A simple will is a basic legal document that explains who receives your property, money, and personal items after you die, while also naming the person ("executor") who carries out your wishes. It’s designed for people and families with straightforward situations – no complex assets or trusts. However, "simple" doesn’t mean unimportant.
What does a simple will include?
A simple will does more than just divide up assets; it also lays out how other things in your life will be handled. This is what it often has:
Distribution of assets
Your will explains exactly how you want your money, home, real estate, and personal belongings to be distributed after you die. You can make a list of things you wish to give to specific persons, or you can divide all your assets by percentage among your heirs. This way, nothing is left up to chance or misinterpreted by your survivors.
Naming a guardian for your children
For parents, this part of the will may have the deepest impact of all. If anything unexpected happens, designating a trusted guardian for your kids will make sure that they are cared for by someone they know and can trust. This strongly guides the court’s decision and helps reduce disputes between family members.
Choosing an executor
The person in charge of your estate is responsible for more than just giving out property. They are in charge of paying off debts and handling other estate-related financial matters.
Final wishes and instructions
Your will can also include any specific information about your end-of-life wishes, such as your preferred funeral or memorial plans, burial or cremation options, or religious measures you want to be taken. Including this information lessens conflict and emotional strain on family members.
Having an experienced attorney prepare your will is always a good idea, even when it's a "simple will." Again, simple doesn't mean unimportant.
Why a simple will matters for families
Having a simple will is one of the most practical ways for families to maintain control and clarity over what happens when you’re no longer there to speak for yourself. Without a will in place, Maryland’s intestacy laws decide how probate assets are distributed, and courts may need to determine who will serve in certain legal roles. This can create confusion, unexpected delays, and even bitter disputes among your loved ones.
When should you create or update a will?
It isn't enough to make a will once and then forget about it. Even the most basic documents can become outdated as your family, relationships, or finances change. Periodically creating or revising your will ensures your wishes always reflect your current life.
After a divorce or separation
Major personal changes, like a divorce or separation, are a critical time to revisit your will. Removing or updating a former spouse, or reconsidering guardianship for your children and new beneficiaries, will better align with your current family reality and protect your legacy.
When you have children
If you become a parent, updating your will is one of the most effective ways to provide stability for your kids’ futures. A will lets you designate both a trusted guardian and how their financial needs will be met if something happens to you.
Major life or financial changes
Whenever you buy a new home, acquire a significant asset, sell property, or your wealth goes up or down significantly, you should review your will.
Every few years
Even if nothing "big" has happened, it’s good practice to check your will every few years. Maryland laws (and life) change, so a quick legal review helps ensure your will is still up to date and properly executed.
A simple will protects your loved ones from court decisions by others and can help prevent fights between family members, ensuring your wishes are respected.
Do you need a lawyer to create a will?
While Maryland law does not require you to hire a lawyer to make a will, trying to do it yourself can leave important gaps. Many people use online templates or DIY forms to save a little money upfront, believing that a simple will is “just paperwork.” And while it's technically possible to draft a basic will on your own, it's usually a good idea to get legal advice first.
Pitfalls of DIY wills
Some of the primary issues that might come up when you try to create your own will include:
Missing legal requirements
Without legal insight, people easily overlook requirements around signatures, witnesses, or assets that cannot be distributed by will (such as jointly owned property). One small oversight can make an entire will unenforceable.
Unclear language
Courts need clear wording that is free from errors, showing who receives what and who manages your estate. DIY templates often use vague or outdated phrases that family members or courts can interpret in very different, and often contentious, ways.
Complexity at probate
Homemade additions to wills, changes, or handwriting corrections increase conflict and confusion during probate. With unclear or insufficient instructions, the court may face challenges from relatives or even have a judge decide questions about your meaning.
What makes a will valid in Maryland?
Wills must comply with state rules to be legally legitimate. Anyone over the age of 18 can make a will, and it will be valid if it meets the following criteria:
Written document
A valid Maryland will must be typed or written out. Oral (spoken) wills never qualify as valid.
Your signature
The will creator, also called the “testator,” must sign the will in person to ensure the signed document accurately reflects their intentions. If a testator is unable to sign, Maryland permits directing someone else, in the testator's conscious presence, to sign for them in specific circumstances.
Witnesses
Two or more credible witnesses must attest and sign the will in the presence of the person making the will. A beneficiary can legally serve as a witness in Maryland, but it is usually better to use witnesses who have no interest in the will. To make things simple, each witness should be a legal adult with no interest in the terms of the will when it is signed.
Mental capacity
The testator needs to be of sound mental capacity at the time. This means they understand what property they have, know who their natural heirs should be, and comprehend what they’re doing with their assets.
In the end, getting legal help is the best way to ensure your will is complete and legally binding.
Frequently asked questions
What makes a will legally valid in Maryland?
A will is legally valid in Maryland if it’s written, signed by the person making it, and witnessed by at least two credible witnesses present at the same time. The person signing must also be mentally competent when creating and executing the will.
Do I need a lawyer to create a will in Maryland?
You don’t have to hire a lawyer, but an attorney ensures your will is clearly written, fully valid, and less likely to face legal challenges or confusion during probate.
What happens if I die without a will in Maryland?
If you die without a will in Maryland, state intestacy laws decide who inherits your assets. This is usually your closest relatives, which may not accurately reflect your wishes.
Can I change my will after it’s created?
You can change your will at almost any time after it’s created. Just make sure all of your amendments are valid. The best way to do this is to work with an attorney.
Who should I choose as my executor?
Choose an executor who is trustworthy, organized, and dependable; this is often a family member or close friend.
Do you have a local simple will attorney in Fulton, MD?
Yes, we have a local simple will attorney right here in Fulton, MD. Call us for a consultation if you're ready to make a will or just want to know more about your options. We are conveniently located at 8171 Maple Lawn Blvd, Suite 350, Fulton, Maryland 20759. We’re here to offer personalized guidance and straightforward answers for your family’s planning needs.
Contact McCabe Russell Divorce and Child Custody Lawyers to schedule a consultation
One of the best things you can do for the people you care about most is to make or update your will. We at McCabe Russell Divorce and Child Custody Lawyers will listen to what you want, explain your options in straightforward language, and write a simple will that explains what you want. We work closely with you to make sure that every critical detail is taken care of because we know that no two families are the same. Schedule your initial consultation today and let us help you protect your wishes and your family’s future.