Facts About Wills

What Is A Will ?

A will is a written document directing the disposition of a person's assets after death.

Requirements For A Valid Will

In Maryland, a will must be signed by the person making the will (testator) and attested and signed by two credible witnesses in the presence of the person making the will. (It is unclear whether any of the beneficiaries or the executor of the will can serve as witnesses in the State of Maryland.)

Why Should You Make A Will ?

A will is one of the most important legal documents a person can have. It is the legal declaration of a person's intentions and desires that he directs to be carried out after his death. By making a will you can specify how you want your property distributed after your death; you can name a personal representative who has the responsibility to collect assets, pay bills and distribute your estate according to the terms of your will; you can make charitable bequests; and you can nominate someone in whom you have confidence to be a guardian of your minor children. Without a will, the laws of the State of Maryland direct the order of priority for those individuals to serve as personal representative of the estate; what heirs are entitled to receive the assets of the estate; and in some instances the Orphans' Court shall make the appointment of a guardian for your minor children.

Safekeeping Of Your Will

Your will may be filed with the Register of Wills for the State of Maryland for safekeeping for a small one-time fee. An original will brought to the Register of Wills' office for safekeeping should be sealed in an envelope, with your name, address and the last four digits of your social security number clearly legible on the cover. During your lifetime, the will you deposited in the Register of Wills' office can only be released to you or a person authorized by you in writing to receive the same. You should always make sure that the person you named as Personal Representative is made aware of the location of your will.

Can A Will Be Changed ?

A will can be changed at any time before death if a person is competent. The changes should not be made by alteration to the existing will but by a document called a "codicil". The codicil must be executed with the same formalities as a will.

When Should A Will Be Changed ?

A will should be reviewed whenever a significant change in personal or financial circumstances occurs. For example, a change in marital status warrants a review of the will.

The Validity Of A Will Executed In Another State

If you have a will prepared outside of Maryland and then move into Maryland, it is valid if it is executed in accordance with the laws of the state in which it was prepared. However, if you move to another state, check with the Probate Division of your new jurisdiction to determine if your will is valid. Laws vary in different states.

Wills Are Only Effective When Administering Probate Assets

A will must be admitted to probate when a person dies owning property in his or her name alone or as tenants in common. Tenancy in common property is subject to the will of each of the owners to the extent of that owner's interest and does not pass automatically to the survivor.

Property owned by husband and wife, either jointly or as tenancy by the entirety, or property held by any other persons as joint tenants "with right of survivorship" is not subject to the provisions of the will of the first joint owner to die. Such joint property passes automatically to the surviving joint owner or owners.

What If There Is No Will ?

If there is no will, based on the laws of the State of Maryland: If a spouse and minor child/children survive, the spouse receives only one-half of the probate assets and the child/children receive the other one-half.

If there are no surviving minor children but other surviving children or parents, the spouse receives the first $40,000.00 plus one-half of the balance of the estate; the remainder passes to the decedent's children, if any, otherwise to his or her parents. If a spouse but no children or parents survive, the spouse receives the entire probate estate.

If children but no spouse survive, the children will receive everything , If no relatives (brothers, sisters, nieces, nephews, cousins, etc.) survive, the assets will be distributed to the Board of Education in the jurisdiction where the estate was administered.

Additional Points to Consider:

Note that even if you and your spouse plan to have nearly identical wills, you need to create separate documents for each person.

Make a list of all your significant assets, including real estate and land, jewelry, artwork, cars, retirement accounts and bank accounts.

If you have minor children, you should list out their full names and birth-dates in your will. Then name the person who will assume legal responsibility for each of them in the event of both your and their other parent's death. It's wise to choose an alternate guardian in case you outlive your first choice and don't update your will.

You need to print out a copy and sign it yourself and ask two witnesses over age 18 to sign it. In some states, these witnesses cannot also be your beneficiaries.

Contact the Imam for further questions or to assist in drafting your Islamic Will.

Note: Drafting of an Islamic Will requires an appointment, payment of associated fees, and completion of detailed paperwork.