Generally, heirs are not personally responsible for a deceased person’s debts. When someone passes away, their estate, consisting of property, money and assets, becomes responsible for paying off any outstanding obligations. Creditors can make claims against the estate before heirs receive their share. If the estate doesn’t have enough money to cover debts, most of the time, the debt simply goes unpaid.

However, the type of debt matters. Secured debts, such as mortgages or car loans, are tied to specific property. If heirs inherit those assets, they may also inherit the responsibility for managing or paying off the debt associated with them.

Situations Where Debt May Pass to Heirs

Though most debts don’t transfer directly to heirs, there are exceptions or indirect impacts to consider:

• Mortgages and Property Debt: If you inherit a house with an outstanding mortgage, you’ll likely need to continue payments or risk foreclosure.
• Co-Signed Loans: If you co-signed a loan with the deceased, you remain legally responsible for the debt.
• Community Property States: In certain states, surviving spouses may be required to pay debts acquired during marriage.
• Estate Assets at Risk: Even if you don’t inherit debt personally, creditor claims can reduce or eliminate your inheritance.

How Debt Affects Estate Distribution

If an estate has significant debt, heirs may inherit less than expected. For example, valuable property may need to be sold to settle creditor claims. In some cases, heirs can negotiate with creditors to retain specific property, such as a family home. However, this typically requires assuming ongoing payments.

Planning Strategies to Minimize Inherited Debt Issues

Good estate planning can help prevent debt-related complications. Trusts, for example, can keep certain assets outside the probate process and shield them from creditor claims. Life insurance can also be structured to provide heirs with funds unaffected by estate debts.

Legal Guidance for Beneficiaries

Beneficiaries should review estate documents carefully and seek legal advice before accepting an inheritance that comes with obligations. For instance, inheriting a home may seem valuable. However, if the mortgage is burdensome, disclaiming the inheritance may be the wiser choice.

Role of Probate Attorneys

Probate attorneys guide heirs through the legal process of settling estates, ensuring that debts are settled in accordance with the law and that the estate is distributed in accordance with the will. They help determine which debts are valid, advise on whether to retain or sell inherited property and protect heirs from assuming unnecessary liabilities.

If you’re facing an inheritance that involves debt, consulting with one of our attorneys can help you understand your rights, obligations and options before making decisions.

Key Takeaways

• Most debt is paid from the estate: Heirs usually don’t inherit personal responsibility for debts. However, assets may be sold to cover them.
• Secured debts may follow property: Mortgages or car loans tied to assets can become the heir’s responsibility if they choose to keep them.
• Exceptions exist: Co-signed loans and community property laws may leave heirs or spouses liable for certain debts.
• Legal advice is essential: Probate attorneys help heirs avoid unexpected financial burdens when dealing with inherited property or debt.

Reference: Investopedia (May 14, 2025) “Can You Inherit Debt From Your Parents?”

When a loved one passes away, their estate may go through probate, a legal process that oversees the distribution of assets, resolution of debts, and execution of a will. Probate can be time-consuming and complex, especially when multiple heirs, significant assets, or disputes are involved. A probate attorney helps guide executors and beneficiaries through this process, ensuring that all legal requirements are met while reducing stress and delays.

Understanding the Probate Process

Probate is the court-supervised process of administering an estate after the death of an individual. If the deceased had a valid will, the executor named in the document is responsible for carrying out their wishes. If no will exists, the court appoints an administrator to distribute assets according to state intestacy laws.

A probate attorney assists with various legal tasks, such as:

• Filing the will with the probate court and ensuring that it meets legal requirements
• Identifying and valuing estate assets, including bank accounts, real estate and personal property
• Handling creditor claims and ensuring that debts and taxes are paid before distributing inheritances
• Resolving disputes among heirs to prevent legal battles that could delay the probate process

While some estates qualify for simplified probate procedures, larger or more complex estates often require court supervision, making legal guidance essential.

When Should You Hire a Probate Attorney?

The need for a probate attorney depends on the complexity of the estate and potential legal challenges. In straightforward cases where a valid will exists and the estate is small, executors may be able to handle probate without legal assistance. However, an attorney is often necessary in situations such as:

• Contested Wills: If family members dispute the validity of a will or its terms, legal intervention is required.
• High-Value Estates: Larger estates often involve complex tax considerations and multiple beneficiaries.
• Out-of-State Executors: If the executor does not reside in the state where probate is being processed, an attorney can help fulfill legal requirements remotely.
• Unclear Estate Plans: If a will is vague, outdated, or incomplete, an attorney can help determine the necessary legal next steps.

How a Probate Attorney Protects Executors and Beneficiaries

Executors are legally responsible for ensuring that probate is handled correctly. A mistake—such as mismanaging assets, failing to notify creditors, or improperly distributing funds—can lead to personal liability. A probate attorney helps executors avoid these pitfalls by:

• Ensuring proper legal filings and documentation
• Managing creditor claims to prevent overpayment or legal disputes
• Handling tax filings, including estate and inheritance taxes
• Overseeing fair distribution of assets to beneficiaries

For heirs, a probate attorney helps ensure that inheritances are properly distributed and that their legal rights are protected. If a dispute arises, legal representation can help mediate conflicts before they escalate into costly litigation.

Can Probate Be Avoided?

In some cases, probate can be bypassed through different estate planning strategies. Assets held in a revocable living trust, payable-on-death accounts, or jointly owned property typically do not require probate. Consult with one of our experienced estate administration attorneys to structure an estate plan that minimizes court involvement, reduces legal fees, and avoids delays.

For families currently going through probate, our attorneys can help expedite the process, ensuring that legal obligations are met without unnecessary complications.

Key Takeaways

• Probate attorneys guide families through estate administration: They help executors file legal documents, settle debts and distribute assets according to the will or state law.
• Legal representation is essential in complex cases: Disputes, high-value estates and out-of-state executors often require professional legal assistance.
• Executors benefit from legal guidance: A probate attorney ensures that all responsibilities are fulfilled correctly, reducing the risk of personal liability.
• Probate can be avoided with proper estate planning: Using trusts, beneficiary designations and joint ownership can keep assets out of probate.
• Attorneys help resolve inheritance disputes: Legal representation prevents conflicts from escalating, ensuring fair distribution of the estate.

Reference: MetLife (Apr 05, 2023) “What Is a Probate Lawyer and When You May Want to Hire One”

Understanding Estate Administration in Maryland

Losing a loved one is never easy. Along with the emotional challenges, there are practical steps that must be taken to settle their affairs. This process is called estate administration, and in Maryland, it involves several key stages. While this article is meant to give you a general understanding of how estate administration works, it is not legal advice. Because every estate is unique, you should speak with one of our qualified Maryland estate administration attorneys to get guidance for your situation.

First Steps After a Loved One Passes

Before beginning any legal process, a few immediate matters often need attention:

• Arranging funeral or memorial services
• Ensuring care for minors, dependents, or pets
• Securing the home and personal belongings
• Collecting important documents like wills, trusts, and financial records

Once these urgent needs are handled, it’s time to begin the legal process of administering the estate.

The Basics of Estate Administration

Estate administration is the legal process of managing someone’s affairs after they pass away, such as paying debts, filing taxes, and distributing assets to beneficiaries. In Maryland, this may involve probate, a court-supervised process that gives legal authority to an executor or personal representative.

Key steps often include:

1. Opening the Estate – Filing with the Register of Wills, Appoint the Personal Representative, and publish notice in the newspaper.
2. Gathering Assets – Identifying bank accounts, real estate, investments, and personal property.
3. Paying Debts and Expenses – Covering funeral costs, taxes, and valid bills.
4. Filing Taxes – Submitting any required final income, estate, or fiduciary returns.
5. Distributing Assets – Transferring what’s left to beneficiaries according to the will or Maryland law.
6. Closing the Estate – Completing final reports and formally settling the estate.

If a trust is involved, a similar process applies, but usually without court involvement.

Why Legal Guidance Matters

Estate administration involves legal filings, financial management, and tax reporting, all within specific deadlines. Mistakes can cause delays or personal liability for the executor. Working with one of our experienced attorneys to help ensure everything is handled correctly and efficiently.

Final Thoughts

Settling an estate can feel overwhelming, but you do not have to do it alone. Understanding the basic steps can bring clarity and professional guidance can make the process smoother and less stressful. If you have recently lost a loved one and need help navigating estate administration in Maryland, we are here to assist you with compassion and experience.

Without a clear plan, your estate could be subject to delays, disputes, and unnecessary taxes. A checklist keeps you on track, ensuring no critical component is overlooked. It also makes it easier to update your plan as laws or personal circumstances change.

Core Components of an Estate Plan

An estate plan typically includes several essential legal documents and financial strategies. While every situation is unique, the following elements form the foundation for most individuals:

• Will: Directs how your assets are distributed and names guardians for minor children.
• Trusts: Can help avoid probate, manage tax liability and control how and when assets are distributed.
• Power of Attorney: Authorizes a trusted individual to make financial decisions on your behalf if you become incapacitated
• Advance Healthcare Directive: Outlines your medical wishes and names someone to make healthcare decisions if you cannot.

These components work best when they are integrated, regularly reviewed and stored in a safe but accessible location.

Addressing Beneficiary Designations

Beneficiary designations on retirement accounts, life insurance policies and other assets often override instructions in a will. Failing to update them after significant life changes, such as marriage, divorce, or the birth of a child, can lead to unintended consequences. Speak with one of our estate planning attorneys to ensure your beneficiary designations accurately reflect your wishes and do not create unnecessary tax burdens.

Minimizing Taxes and Protecting Assets

Strategies such as gifting, making charitable contributions, and utilizing certain trusts can help reduce estate taxes. Tools such as life insurance trusts and asset protection trusts can also safeguard wealth from creditors or lawsuits. An estate planning law firm can help tailor these strategies to your specific needs and state laws.

Keeping Your Plan Current

Life changes, new relationships, property purchases, and changes in business interests should prompt a review of your estate plan. A good rule of thumb is to revisit it every three to five years, or sooner if there’s a significant change in your family or finances.

Establishing and maintaining a thorough estate plan is one of the most important steps you can take to ensure your legacy. Working with an experienced professional ensures that your plan complies with state laws and reflects your values. Consult with one of our estate planning attorneys to get started or to review your existing documents for gaps or outdated provisions.

Key Takeaways

• Estate planning is comprehensive: It includes wills, trusts, powers of attorney and healthcare directives.
• Beneficiary designations take priority: Keep them updated to align with your overall plan.
• Tax strategies can preserve wealth: Use gifting, trusts and charitable contributions to minimize liabilities.
• Regular updates are essential: Review your plan every three to five years or after significant life events.

Reference: Investopedia (Jan. 16, 2025) “Estate Planning: 16 Things to Do Before You Die”

When a person passes away, their executor becomes responsible for carrying out the instructions in the will. While this role can feel like an honor, it is also a legal obligation that comes with specific duties to beneficiaries. Understanding these responsibilities helps avoid disputes and ensures that the estate is handled correctly.

What Is an Executor and What are Duties?

An executor is the person the deceased names in their will to manage their estate. Their job is to ensure that all legal, financial and administrative tasks are completed according to the will and state laws. This includes filing the will with the probate court, paying debts and taxes and distributing assets to beneficiaries.

Executors may also need to manage property until it can be sold or transferred, keep detailed records of all transactions and resolve any disputes that arise. In many cases, the deceased assigns the role to a trusted friend or family member who may need additional help to meet their obligations.

1.   Acting in the Best Interests of the Beneficiaries

An executor must prioritize the interests of the beneficiaries above their own. This entails making impartial decisions, avoiding conflicts of interest and ensuring that all actions are transparent and accountable. Executors cannot favor one beneficiary over another, unless the will specifies otherwise.

2.   Managing and Protecting Estate Assets

Until the estate is distributed, the executor must safeguard its assets. This can include securing property, managing investments and ensuring that insurance policies remain active. Executors are also responsible for keeping accurate financial records during this period.

3.   Communicating Regularly

Beneficiaries have the right to be informed about the status of the estate. Executors should provide updates about the probate process, anticipated timelines and any significant developments. Clear communication reduces misunderstandings and potential legal challenges.

4.   Paying Debts and Taxes Before Distribution

Before beneficiaries receive their inheritance, the executor must ensure that all outstanding debts, bills and taxes are paid from the estate. Failing to do this can lead to legal consequences and delays in distributing assets.

5.   Distributing Assets According to the Will

Once debts are settled, the executor distributes the remaining assets exactly as the will directs. If disputes arise over the interpretation of the will, the executor may need to involve the probate court for guidance.

Can I Decline the Responsibilities of an Executor?

If you feel unprepared, lack the time, or believe a conflict of interest exists, you can decline the role before starting the probate process. In such cases, the named successor executor under the Will can serve or the court will appoint an alternate executor or a public administrator. If you do want to decline, it’s important to do so early. Once you begin taking official actions such as collecting assets, you may be considered to have accepted the position.

However, there’s another option available. Instead of refusing the position outright, you can honor your deceased loved one’s wishes while relying on the experienced guidance of one of our estate administration attorneys.

How Our Attorneys Can Help

New executors are often unprepared for the responsibilities their role brings, as well as the importance of strict legal compliance. If the prospect is making you feel stressed or overwhelmed, we can help. Schedule a consultation with our estate administration attorneys today, and we can lift the weight off your shoulders.

Key Takeaways

• Act impartially: Serve all beneficiaries fairly and avoid conflicts of interest.
• Protect estate property: Maintain and secure assets until they are distributed.
• Maintain clear communication: Keep beneficiaries informed throughout probate.
• Pay debts and taxes first: Fulfill financial obligations before making distributions.
• Follow the will precisely: Distribute assets according to the deceased’s instructions.

Reference: SmartAsset (Aug. 2, 2025) “An Executor’s Responsibilities to Beneficiaries”

Having a estate plan may or may not protect assets for biological children on the death of their parent if the parent has remarried. This is why a recent article from the New Hampshire Union Leader, “Know the Law: Ensuring Assets go where you want in your revocable trust,” advises readers to speak with an experienced estate planning attorney.

Blended families are increasingly common, and while second marriages bring new joy and support, they also raise important estate planning concerns. One of the most pressing issues for parents is how to ensure that children from a prior relationship are protected, particularly when it comes to inheritance. Without careful planning, assets intended for your children may end up going to a surviving spouse instead.

Let’s take a closer look at how Maryland law addresses this challenge, especially through the spousal elective share, and what steps you can take to safeguard your child’s future.

What Is the Spousal Elective Share in Maryland?

Maryland law protects surviving spouses from being completely disinherited. Even if a will or trust leaves nothing to the surviving spouse, that spouse has the right to claim an “elective share” of the estate.

As of recent updates to Maryland law, the elective share applies not only to probate assets (those passing through the will) but also to many non-probate assets, such as certain trusts and accounts. This broader reach is meant to prevent estate plans that try to bypass spousal rights.

In general, the surviving spouse may claim:

• One-third of the estate if there are surviving children or descendants;

• One-half of the estate if there are are no surviving children or descendants

This means that, without proactive planning, a significant portion of your estate may legally be diverted to a surviving spouse regardless of your stated wishes in a will.

Why This Matters in Second Marriages

For parents with children from a previous relationship, the spousal elective share can create tension between two competing priorities:

1. Providing for a new spouse, and

2. Protecting your children’s inheritance.

Without proper planning, your children could see their expected share reduced, delayed, or even lost if assets pass to a surviving spouse who later changes their own estate plan. This can create tension and feuds between your children and surviving spouse.

Strategies to Protect Your Child’s Inheritance

Families have options to balance fairness between a spouse and children. Some of the most effective tools include:

• Prenuptial or Postnuptial Agreements
  Couples can agree in writing to waive or limit elective share rights. This ensures both spouses enter the marriage with a clear understanding of inheritance expectations.

• Trust Planning
  Revocable or irrevocable trusts can be structured to provide for a surviving spouse during their lifetime, while preserving the remaining assets for children after the spouse passes away.

• Life Insurance and Beneficiary Designations
  Directing certain assets, like life insurance proceeds or retirement accounts, to children ensures they receive an inheritance outside of the probate process.

• Careful Asset Titling
  Ownership matters. Jointly held property, payable-on-death accounts, and trust assets all interact differently with elective share rules.

Take Control of Your Legacy

Estate planning in a second marriage is rarely straightforward, and a spousal elective share makes it even more important to seek legal guidance. The good news is that with proper planning, you can care for both your spouse and your children, without leaving their futures to chance.

At Sims & Campbell, we help families design estate plans that protect loved ones and honor your wishes. If you’re in a second marriage and want to make sure your children’s inheritance is secure, we’re here to guide you every step of the way.

Contact us today to schedule a consultation and start protecting your family’s future.

Reference: New Hampshire Union Leader (Aug. 18, 2025) “Know the Law: Ensuring Assets go where you want in your revocable trust”

Even the most trusted family member or friend may decline to serve as trustee. The role can be demanding, involving complex legal responsibilities, financial oversight and ongoing reporting obligations. Some individuals may lack confidence in managing investments or navigating government benefits for people with special needs. Others may be concerned about the time commitment or potential conflicts with other beneficiaries.

Understanding the reasons for a refusal can help you adjust your approach. Sometimes the concern is about specific duties, which may be alleviated by offering professional assistance or co-trustee arrangements. In other cases, it may be a firm decision based on personal capacity or life circumstances.

Alternatives to Your First Choice

If your chosen trustee declines, you have several paths forward. A successor trustee named in the trust document can step in without disrupting the trust’s administration. If no individual successor is available or suitable, a professional trustee, such as a bank trust department, law firm, or nonprofit specializing in special needs trusts, can assume the role.

These professionals bring expertise in managing assets, complying with special needs rules and safeguarding eligibility for government benefits. While they charge fees, the tradeoff is often greater consistency, neutrality and adherence to complex legal requirements.

Preparing a Strong Backup Plan

Naming multiple successor trustees in the trust document reduces uncertainty if someone declines or becomes unable to serve. You can also consider appointing co-trustees, pairing a trusted family member with a professional trustee to combine personal knowledge of the beneficiary’s needs with technical expertise.

Another strategy is creating a detailed letter of intent to guide any trustee who assumes the role. This document should outline the beneficiary’s preferences, daily routines, medical needs and long-term goals. While not legally binding, it helps preserve your vision for the trust even if the trustee changes.

Experienced Third-Party Trustees

If you are struggling to name or find a qualified, available trustee, call us today and book a consultation with one of our estate planning attorneys to review your options.

Key Takeaways

• Trustees may decline due to complexity or time demands: Understanding their reasons can guide your next choice.
• Successor trustees ensure continuity: Always name one or more backups in the trust document.
• Professional trustees bring expertise but charge fees: They can handle compliance and asset management for special needs trusts.
• Written guidance preserves your intentions: A letter of intent helps any trustee act in the beneficiary’s best interest.

Reference: The Washington Post (Nov. 29, 2024) “Asking Eric: Friend doesn’t want to manage my disabled son’s finances when I’m gone”

If you’ve placed your home in a trust as part of your estate planning, which many people wisely do, you need to complete another task: add the trust to the homeowner’s policy. This detail can make or break your financial life, says a recent article, “Homeowners insurance warning: Why your trust must be listed on your policy,” from WFAA.

Regardless of who has paid the premiums and how long the insurance policy has been in place, if you don’t list the trust as an additional insured, the insurance company can deny coverage. Many homeowners who have created trusts to pass their property along after their death have encountered problems having their homes repaired or rebuilt after wildfires, floods and tornadoes because the trust wasn’t added to the insurance policy.

In most cases, the trust needs to be listed as an additional insured. However, it is essential to verify with both your estate planning attorney and your insurance company to ensure that your property is adequately protected. If it isn’t and you suffer a loss and file a claim, you may learn you don’t have the required “insurable interest.”

You may end up in court with no guarantee of a successful outcome. Insurance companies are notorious for pushing back on expensive claims when there’s wiggle room, and the owner of the property not being listed as an insured offers plenty of wiggle room to the insurance company.

According to the article, the owner of the property is the only entity with an insurance interest in the property. If the owner is the trust, the trust must be listed on the insurance policy.

Do your due diligence and ensure the homeowner’s insurance policy includes all the necessary individuals and entities. It’s essential to do this now, before a claim is filed and rejected.

If you have placed your home in a trust and haven’t yet updated the deeds or other critical documents, this article should provide the necessary incentive.

Once an experienced estate planning attorney creates a trust, the details must be carefully attended to for the trust to function as intended. If you create a trust and fail to fund it, the trust won’t work. This includes retitling investment accounts, business entities and insurance policies.

If you don’t have an estate plan in place, now is the time to consult with our experienced estate planning attorneys and start the process. Once the estate plan is in process, ask your attorney for a checklist to be sure you get all the necessary tasks done. You’ll sleep better knowing your family, your home and your future are protected.

Reference: WFAA (Aug. 13, 2025) “Homeowners insurance warning: Why your trust must be listed on your policy”

Marriage later in life brings special joys and specific legal and financial considerations. Whether it’s a second marriage, a partnership after raising children, or finding love after retirement, older couples often have more complex financial situations than younger newlyweds.

Assets, retirement savings, real estate and inheritances accumulated over decades must be handled with care. A premarital agreement (often called a prenuptial agreement) is one of the most practical tools to protect individual and family interests. Far from being a sign of mistrust, a well-crafted agreement fosters transparency, protects loved ones and reduces the risk of disputes if the marriage ends through death or divorce.

Why Older Couples Should Plan with a Premarital Agreement

Older couples frequently bring established financial histories into marriage. They may own homes, businesses, investment portfolios, or have obligations like alimony or child support from previous relationships. Some may wish to preserve assets for adult children or grandchildren.

Without a premarital agreement, state laws—rather than personal wishes—may determine how property is divided upon divorce or death. In many cases, a surviving spouse is entitled to a significant portion of the estate, even if the deceased spouse intended to leave more to children from a prior marriage.

A premarital agreement allows couples to customize these outcomes, ensuring that their wishes are respected and that their marriage starts with full financial clarity.

Key Issues to Address in a Premarital Agreement

Premarital agreements typically address how assets and debts will be handled both during the marriage and in the event of divorce or death. Common topics include:

• Identifying separate versus marital property
• Defining how jointly acquired assets will be divided
• Specifying inheritance rights for children from previous relationships
• Clarifying responsibility for debts incurred before or during the marriage
• Determining spousal support or waiving it altogether

Couples may also include agreements about healthcare decision-making, although these issues are often handled through separate estate planning documents.

While some topics, like child custody or child support for minor children, cannot typically be negotiated in advance, most financial and property-related matters are fair game.

Protecting Heirs and Family Interests

For older individuals with children from previous marriages, a premarital agreement can protect family inheritances. Without one, surviving spouses could inherit property that parents intended to pass directly on to their children.

Using a premarital agreement in combination with updated wills, trusts and beneficiary designations creates a comprehensive plan that reflects your true intentions and avoids accidental disinheritance.

It’s also an act of love—shielding family members from costly, painful legal disputes and ensuring that everyone understands and respects your wishes.

Premarital Agreements Strengthen Communication

Discussing finances can be uncomfortable. However, it builds stronger foundations. A premarital agreement encourages open conversations about money, values and expectations. It forces couples to talk about important topics—retirement plans, caregiving needs and financial obligations to others—that might otherwise be overlooked.

Rather than undermining romance, these discussions show respect for each other’s histories and futures. They create shared understanding and prevent surprises down the road.

The Importance of Independent Legal Advice for Each Spouse

For a premarital agreement to be legally enforceable, each party should have their own attorney review the document. This ensures that both individuals understand their rights and obligations and that the agreement cannot be challenged later due to claims of coercion or misunderstanding.

Working with an experienced estate planning attorney ensures that the agreement is tailored to your state’s specific requirements and your unique circumstances.

Key Takeaways

• Older couples face unique financial complexities: Premarital agreements protect separate assets, retirement savings and family inheritances.
• State laws may not align with your wishes: Without a premarital agreement, default rules could override personal intentions.
• Premarital agreements prevent family disputes: Clear terms protect adult children and reduce conflict after death or divorce.
• Open communication strengthens relationships: Discussing financial expectations fosters honesty and trust before marriage.
• Legal guidance ensures enforceability: Independent attorneys for each party help create a firm, fair and binding agreement.

References: American College of Trust and Estate Counsel (ACTEC) (Nov. 5, 2020) “What Is a Prenuptial Agreement?” and Hello! Magazine (April 2025) “King Charles and Queen Camilla’s Separate Homes: Was a Marital Agreement Involved?”