Without a will, a judge decides what happens to everything you’ve built — your home, your savings, and most painfully, who raises your children. A will is how you make sure your voice is heard after you’re gone. At Atkinson Law, we make sure that document is one that holds up.

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A Will Isn’t Just a Document. It’s the Last Decision You’ll Ever Make for Your Family.

A Last Will and Testament is the legal instrument that puts you in control of what happens to your estate after your death. It lets you decide who receives your property, who will be responsible for carrying out your wishes, and — critically — who will raise your children if they’re still minors when you pass.

Without one, Maryland’s intestate succession laws step in and make those decisions for you. The state’s formula doesn’t know your family’s dynamics, your relationships, or your intentions. It doesn’t know that you wanted your sister to raise your kids, not their other parent. It doesn’t know that you wanted to leave something to a close friend or a charity that mattered to you. It distributes assets according to a predetermined hierarchy — and that hierarchy may have nothing to do with what you actually wanted.

At Atkinson Law, we treat every will as an act of care for the people you’re leaving behind. Two attorneys review every document we prepare — not just for legal compliance, but to make sure it actually reflects your intentions, anticipates complications, and holds up when it matters most.

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Our Approach to Will Drafting

Every will we draft is guided by the same three principles that anchor everything we do at Atkinson Law. Here’s how they apply specifically to your Last Will and Testament:

What a Will Actually Controls (And What It Doesn’t)

One of the most common misconceptions about wills is that they control everything in your estate. They don’t — and understanding the distinction is one of the most important parts of building a complete estate plan.

What a Will Can Do

• Direct how assets titled solely in your name are distributed after your death

• Name a personal representative (executor) to administer your estate and carry out your instructions

• Designate a guardian for your minor children — one of the most important decisions any parent can make in writing

• Establish testamentary trusts for minor or vulnerable beneficiaries, so inherited assets are managed responsibly on their behalf

• Make specific gifts of property, sentimental items, or money to individuals or charities

• Express your wishes regarding funeral arrangements and disposition of remains

• Name a successor executor in case your first choice is unable or unwilling to serve

What a Will Cannot Do

• Control assets that pass by contract or operation of law — including jointly owned property with right of survivorship, life insurance proceeds with a named beneficiary, retirement accounts with a named beneficiary, and payable-on-death bank accounts. These pass directly to their designated recipients regardless of what your will says.

• Override a deed — if your deed says one thing and your will says another, the deed controls. This is one of the most common estate planning conflicts we see, and it’s entirely avoidable with a coordinated plan.

• Take effect during your lifetime — a will only governs property you own at the moment of your death. You retain full control over your assets while you’re alive.

This is precisely why a will works best as part of a coordinated estate plan — not as a standalone document. Understanding what falls inside and outside your will’s reach is the difference between a plan that works and one that leaves gaps.

Maryland’s Will Requirements Are Specific. Miss One and the Whole Document Fails.

A will that doesn’t meet Maryland’s legal requirements isn’t just imperfect — it’s invalid. And an invalid will is treated exactly like no will at all. Here’s what Maryland law requires for a will to be enforceable:

• The testator must be at least 18 years old. Maryland law sets a clear minimum age for executing a will. There are no exceptions.

• The testator must be of sound mind. Specifically, you must understand what a will is, what property it relates to, who your natural heirs are, and how the document affects them. Mental competency is assessed at the time of signing — not before or after.

• The will must be in writing. Oral wills are not recognized in Maryland. Your wishes must be documented in a written instrument.

• It must be signed by the testator. You must sign the will yourself, or direct someone to sign it in your presence and at your direction if you’re physically unable to do so.

• It must be witnessed by at least two individuals. Both witnesses must be present at the same time when the testator signs. They are not confirming the contents of the will — they are confirming that the testator is the person who signed it. While witnesses don’t have to be disinterested parties, naming beneficiaries as witnesses can create legal complications and is strongly discouraged.

One important note: Maryland does not require wills to be notarized to be valid. However, a notarized “self-proving affidavit” attached to the will can streamline the probate process significantly by eliminating the need to locate witnesses after your death. We include this routinely in the wills we draft.

No Will Means Maryland Decides. Here’s Exactly What That Looks Like.

When someone dies without a valid will in Maryland — a situation called dying intestate — the state’s intestate succession laws determine how everything is distributed. That formula doesn’t account for your specific wishes, your family’s dynamics, or the relationships that actually defined your life.

Here’s what Maryland’s intestacy laws actually do:

If You’re Married With No Children

You might assume your spouse inherits everything. Not necessarily. Under Maryland intestacy law, if you have surviving parents, your spouse is required to share your estate with them — your spouse receives the first $15,000 plus half of the remaining estate, and your parents receive the rest. This surprises couples constantly, and it’s entirely avoidable with a valid will.

If You’re Married With Children

Your spouse and children share the estate. The specific split depends on whether the children are from your current marriage or a prior relationship — and the formula may not reflect what you actually wanted for either your spouse’s financial security or your children’s inheritance.

If You Have Minor Children and No Surviving Spouse

This is where the stakes are highest. Without a will, no one has legally designated guardianship of your children. The courts and social service agencies step in to appoint a guardian — someone who may not be the person you would have chosen. If both parents pass without a will, this decision is made entirely without your input.

If You’re Unmarried

Maryland’s intestacy laws offer essentially no protection for unmarried partners, regardless of how long you’ve been together. Without a will, your partner has no legal claim to your estate. Your assets pass to your closest blood relatives — even if you haven’t spoken to them in decades.

Friends, Non-Traditional Family, and Charitable Intentions

The intestacy formula covers blood relatives and spouses only. If you wanted to leave something to a close friend, a godchild, a neighbor who mattered to you, or a charity you cared about, none of that happens without a will. The state’s formula doesn’t have a line for “people who actually made my life better.”

Got a Will Already? Here’s When It’s Time to Update It.

A will drafted five years ago may not reflect your life today. Maryland law allows you to update or revoke a will at any time while you’re of sound mind — and there are specific life events that should trigger a review:

• You’ve gotten married — in Maryland, marriage does not automatically revoke a prior will

• You’ve gotten divorced — divorce does revoke provisions in favor of a former spouse under Maryland law, but the rest of the will remains in effect, which may not be what you intended

• You’ve had or adopted a child and haven’t designated a guardian or updated your distribution plan

• A named beneficiary, executor, or guardian has passed away or is no longer the right choice

• Your financial situation has changed significantly — through inheritance, business growth, or major asset acquisition

• You’ve moved to Maryland from another state — your existing will may be valid, but it’s worth having it reviewed for Maryland compliance and alignment

• It’s been more than five years since your will was drafted or last reviewed

A will that no longer reflects your life isn’t just outdated — it can actively create the conflicts and outcomes you were trying to prevent. We recommend treating your will as a living document and reviewing it regularly, not just after crises.

Why the Attorneys Who Draft Your Will Matter as Much as the Document Itself

Two Attorneys Review Every Will Before It’s Signed

Most estate planning attorneys work alone. At Atkinson Law, every will we prepare is reviewed by two attorneys before your signing appointment — checking for gaps, inconsistencies with your other estate planning documents, ambiguous language that could invite a challenge, and contingencies that need to be addressed. A will drafted by one attorney and reviewed by another is simply a stronger document.

We Connect Your Will to Your Entire Estate Plan

A will doesn’t exist in isolation. It has to work alongside your deeds, your beneficiary designations, your powers of attorney, and any trusts you’ve established. We review all of it together — because a will that contradicts your deed or ignores your POA isn’t a plan, it’s a series of documents waiting to conflict.

We Draft for Your Specific Family — Not a Generic Template

Blended families, minor children, estranged relatives, non-traditional relationships, charitable intentions, business interests — every family has its own dynamics, and a good will addresses them specifically. We take the time to understand your situation before we write a single word, so the document we produce actually fits your life.

We Explain Exactly What You’re Signing

Before you sign your will, we walk you through every provision in plain English — who gets what, who’s responsible for what, and what happens in the contingencies you may not have thought about. Our clients leave their signing appointments with confidence, not questions.

Serving Maryland Families Since 2009

With offices in White Marsh (Nottingham) and Bel Air and more than 30 years of combined legal experience, we serve clients throughout Baltimore County, Harford County, and surrounding Maryland communities. We know Maryland’s will requirements inside and out — and we know how to build documents that hold up.

If You’ve Been Putting This Off, You’re Not Alone — But Here’s Why Now Is the Time

Parents of Minor Children

If you have children under 18 and no will, the most important decision of your life — who raises your kids if something happens to you — is one you haven’t made yet. A guardian designation in a valid will is the only legal instrument that gives you that say. Everything else is a suggestion.

Unmarried Partners

Maryland’s intestacy laws offer nothing to an unmarried partner, regardless of how long you’ve been together or what you’ve built together. A will is the only way to ensure your partner is protected if something happens to you.

Anyone Whose Family Situation Is Complicated

Blended families, estranged relatives, prior marriages, children from different relationships — the more complicated your family structure, the more critical it is that you have a will that specifically addresses it. The state’s default formula was not designed for your family.

People With an Outdated Will

If your will was drafted before a marriage, divorce, birth, death, or major financial change, it may not do what you think it does. An outdated will can be almost as problematic as no will at all — sometimes worse, if it names people or leaves instructions that are no longer appropriate.

Anyone Who Simply Hasn’t Gotten Around to It

Most people who don’t have a will don’t have a reason not to — they just haven’t done it yet. If that’s you, we make the process as simple and comfortable as possible. One appointment is usually enough to get it done.

Your Family Deserves to Know Exactly What You Wanted. Give Them That Gift.

A will is one of the most consequential documents you will ever sign — and one of the simplest to create when you have the right attorney by your side. At Atkinson Law, we draft wills that are clear, strategic, and built to hold up — so your family spends less time in court and more time honoring the life you lived.

Two attorneys. One coordinated plan. Built around your family, your wishes, and your legacy.

Protect. Preserve. Rebuild.

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