Gaithersburg Maryland Probate Lawyer - Living Wills, Estate Planning

The Gaithersburg, MD. Wills, Trusts & Estate Lawyer You Can Depend On

Few people understand the importance of having a well prepared will or a trust until it's too late. Mr. Garvey has many years of experience in living wills, last will & testaments, revocable trusts and preparing advance directives.

In addition to estate planning, wills, trusts, and estates, attorney Garvey also provides legal representation in probate and estate litigation matters. This can include representing clients in disputes over the validity of wills, contested probate proceedings, and other estate-related disputes.

What is Estate Planning & Probates?

Estate planning and probates are not just for the rich. With so many laws and regulations, it is important to have a will to ensure all assets are transferred correctly upon a person's demise. Probate is the process by which legal title of property is transferred from the decedent's estate to his/her beneficiaries.

If a person dies with a will ("testate"), the probate court determines if the will is valid, hears any objections to the will, orders that creditors be paid and supervises the process to assure that property remaining is distributed in accordance with the terms and conditions of the will.

If a person dies without a will ("intestate"), the probate court appoints a person to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state. The major difference between dying testate and dying intestate is that an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent in his/her will.

Probate laws vary from state to state. In Maryland, the process is simple as long as one understands the procedure. Mr. Garvey has years of experience as a probate attorney in Gaithersburg, Maryland. He can handle your probate cases quick and effectively.

Revocable/ Irrevocable & Special Needs Trust Agreements

A trust is a written agreement that names someone to be responsible for managing property for the benefit of others. A revocable living trust (also called a "living trust" or "revocable trust") is one type.

It is a "living" trust because you create it while you're alive. It's" revocable" because, as long as you're mentally competent, you can change or end the trust at any time, for any reason. You need no one's permission to do so. Usually a living trust becomes irrevocable (not open to changes) when you die.