By Tim Barkley. November 2025.
Q: I signed my will in another state. I wrote it out by hand. There are no witnesses, but it is notarized. Is it valid here?
A: A valid Maryland will must be in writing, intended to be a will, signed by the “testator” (the person making the will), and witnessed by two witnesses. The notary can be a witness. But here, the only person other than you signing the will is the notary, so you only have one witness. The fact that you wrote out your will by hand is only relevant if you were then in the armed services and signed it outside the United States, and then it’s only valid for one year after your discharge. However, if your will was a valid will in the state in which you signed it or in the state you were a resident when you signed it (which might be different states), it might still be valid in Maryland. You should probably redraft your will to avoid contest.
Q: Is my “power of attorney” a lawyer?
A: Your “power of attorney” is a document that recites that you have “attourned” (delegated) to some other person your “power” to take care of your affairs. That person is your “attorney in fact” or “agent.” You are the “declarant” or “principal.” A lawyer is an “attorney at law,” someone to whom you delegate your power to take care of your legal affairs. Your estate planning power of attorney names an “agent,” usually a family member and not a lawyer, to pay your bills and take care of your affairs in later life. You can name a lawyer, but most people don’t.
Q: My will names someone to take care of my affairs. Is that my “power of attorney”?
A: The person named under your will is your “executor” who “executes” your will after (and only after) you are deceased. That person has no powers until you are deceased, so that’s not your “power of attorney.” Your power of attorney is a separate document naming someone to take care of your affairs while you are still alive.
Q: My power of attorney names someone to care for me. Is that person my executor?
A: A power of attorney is only effective while you are alive. A will is only effective after you are deceased. You need two separate documents. You can name the same person as “agent” under power of attorney and as “executor” of your will, but it takes two documents to do that.
Q: My spouse recently passed away. What do I need to do?
A: I’m so sorry. If everything was in joint names with you or you were the beneficiary, there might be very little for you to do. Eventually, you will need to take your spouse’s name off bank accounts but it’s good to leave your spouse’s name on at least one account for about a year in case small checks come payable to your spouse. When your vehicle registration comes up for renewal, you will have to retitle the vehicles just in your name. You will need to file a claim form to collect life insurance. You will need to contact IRA and retirement plan custodians to roll over retirement money into a spousal inherited IRA. You should consider having us draft and record a confirmatory deed taking your spouse’s name off the deed so that if the property is damaged and the insurance pays to cover the cost, the check is payable just to you and not to you and your spouse. The latter would require probate. In all cases you would need to consider adding beneficiaries through accounts and titles to avoid probate when you die.
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Attorney Tim Barkley
The Tim Barkley Law Offices
One Park Avenue
P.O. Box 1136
Mount Airy
Maryland 21771
(301) 829-3778
Wills & Trusts | Estate Planning | Probates & Estates
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