You've just lost someone important to you, and now you're responsible for their home. Maybe it's sitting empty while you figure out what to do next. Maybe you're planning to sell it, or perhaps other family members want to move in eventually. Whatever your plans, you're about to discover that an empty house needs almost as much attention as an occupied one—sometimes more. The challenges of managing a vacant inherited home go far beyond simply deciding whether to keep it or sell it. From the moment you take responsibility for the property, you're facing security risks, maintenance issues, insurance complications, and legal responsibilities that most people never anticipate. Let's walk through what you can expect and how to protect both the property and your family's interests. The Immediate Security Concerns You Can't Ignore The first 48 hours after someone dies can be critical for protecting their home. Unfortunately, there are people who see a death announcement or funeral notice as an opportunity. Break-ins during funeral services happen, and an obviously empty house can become a target for theft or vandalism. Your immediate priorities should include securing all entry points and changing the locks as soon as possible. You don't know who might have keys or alarm codes. That trusted neighbor who helped your relative might be completely trustworthy, but their teenage son's friends are unknown quantities. The home health aide who cared for your loved one might have made copies of keys with good intentions, but now those keys represent a security risk. Beyond changing locks, you'll want to establish some basic security measures. Make sure neighbors know who should and shouldn't be around the property. If there's a security system, update the codes and contact information. Consider having someone stay at the house during the funeral service if possible. Remove easily portable valuable items as quickly as you can. Jewelry, small electronics, cash, prescription medications, and firearms should be your first priorities. Don't forget about items that might not seem valuable to you but could be attractive to thieves, like tools, lawn equipment, or collectibles. The goal isn't to empty the entire house immediately, but to remove the items that would be easiest for someone to grab quickly and that would be hardest for you to replace. While security concerns might seem like the biggest challenge initially, they're actually just the beginning of your responsibilities as the new property owner. The Ongoing Maintenance That Never Stops Once you've secured the immediate concerns, you'll discover that houses don't pause their needs just because they're empty. In fact, vacant homes often require more maintenance attention than occupied ones because small problems can quickly become big problems when no one is around to notice them. Heating and cooling systems still need to run to prevent damage to the structure and remaining contents. In winter, you can't simply turn off the heat—frozen pipes can cause thousands of dollars in damage. In summer and humid climates, lack of air circulation can lead to mold growth that can destroy the property's value. Regular inspections become crucial when no one's living in the house day-to-day. A small roof leak that a homeowner might notice immediately can cause extensive damage in an empty house before anyone discovers it. Clogged gutters, missing shingles, or foundation issues won't announce themselves—you need to actively look for them. The property's exterior needs ongoing attention too. An unmowed lawn, unremoved newspapers, or uncleared snow immediately signals that the house is vacant. This not only creates security risks but can also violate local ordinances and affect the property's value. You'll need to arrange for regular lawn care, snow removal, and general upkeep to maintain the property's appearance and value. Don't forget about pest control. Vacant homes can quickly become attractive to rodents and insects, especially if there's food left in pantries or if entry points aren't properly sealed. What starts as a small mouse problem can become a major infestation that damages the property and creates health hazards. Beyond the day-to-day maintenance challenges, there's another critical issue that many families discover too late: their insurance coverage may not be what they think it is. The Insurance Complications That Could Cost You Here's something that catches many families off guard: your loved one's homeowner's insurance might not cover damages that occur after the house becomes vacant. Insurance companies consider vacant properties to be higher risk, and many standard homeowners policies have clauses that limit or exclude coverage for properties that have been unoccupied for more than 30 days. You need to contact the insurance company immediately to report the change in occupancy status. Some insurers will provide continued coverage for vacant properties, but usually at higher premiums and with more limited coverage. Others might cancel the policy entirely, requiring you to find specialized vacant property insurance. The stakes here are enormous. If the house burns down or suffers major damage and the insurance company determines it was vacant without proper coverage, you could be personally liable for the full loss. This could easily amount to hundreds of thousands of dollars. Even if you're planning to sell the property quickly, don't assume you can skip this step. Estate sales often take longer than expected, and even a few months of improper coverage could result in devastating financial consequences. The key is to be proactive and honest with the insurance company about the property's status. Work with them to understand your options and ensure continuous appropriate coverage throughout the time you're responsible for the property. While these challenges might seem overwhelming, there's a way to prevent most of them from becoming problems in the first place. How Life & Legacy Planning Prevents These Problems All of these challenges become much more manageable if your loved one had a proper Life & Legacy Plan in place. Unlike traditional estate planning that focuses primarily on legal documents, Life & Legacy Planning anticipates the practical realities your loved ones will face and provides systems to handle them smoothly. When you work with me to create your Life & Legacy Plan, we will include a complete asset inventory that documents everything your family needs to know about the property, including the deed, insurance policy and other documentation relevant to the home. This inventory prevents your family from having to search through boxes and files while they're grieving, trying to piece together basic information about what you own. Life & Legacy Planning may also include strategies to ensure funds are immediately available to cover property expenses. This is crucial because, without proper planning, your family might have to pay out of pocket for maintenance, repairs, insurance, and utilities for months or even years if you need to administer the estate through probate.. Imagine having to cover a major roof repair or heating system replacement from your own savings because the estate's funds are tied up in court. Many people aren’t in the position to be able to do this while keeping up with their own expenses. Perhaps most importantly, when you work with me to create your Life & Legacy Plan, your family will have me as their trusted advisor when these challenges arise. They won't have to search for help while they're dealing with grief and trying to figure out what to do with your house. Instead, they'll have someone who can guide them through each decision with confidence. Taking Action to Protect Your Family If you want to make sure your loved ones know exactly what to do with your house after you die - and they have the support they need for every step - the time to act is now. As a Personal Family Lawyer® Firm, I help you create a Life & Legacy Plan that works so your loved ones aren’t burdened with the stress of trying to figure out what to do. You’ll start with a Life & Legacy PlanningⓇ Session, where you’ll get more financially organized than ever before, and learn what will happen to your home, your loved ones, and all your assets if you become incapacitated or when you die. Armed with this knowledge, you and I will create a plan together that fits your unique needs, wishes, and values at a price that works for you. When you work with me, I make it easy for you to give your loved ones the greatest gift - the peace of mind that comes from knowing you’ve taken care of all the details, so they don’t have to. Click here to schedule a complimentary 15-minute discovery call and learn how I can help you create a plan that truly protects the people you love: calendar.trustamdlaw.com/widget/booking/SM5Rw4nPHp116frqxKXn This article is a service of AMD LAW a Personal Family Lawyer Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session. The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

An estate plan often focuses on tangible property such as jewelry, artwork, money, and vehicles. However, in this age of technology, it is important to remember to include your digital assets. Digital assets consist of everything we own online. Because we spend more time on computers and smartphones than we ever did before, you may not realize how much digital stuff you own, from photos and videos to online accounts, cryptocurrency, and nonfungible tokens (NFTs). 

When you think about estate planning you may think about a set of documents that provides for the distribution of assets after you die. While it is true that an estate plan should efficiently distribute your assets after you die, a comprehensive estate plan should also examine the need to preserve assets for the enjoyment of the people you are responsible for, as well as ensure that you are supported and cared for during your lifetime, even in periods of diminished capacity or if you require long term care. Long-term care is the kind of care you need if you are not able to perform normal daily activities (such as eating, dressing, and bathing) without help, and it is expected that you will need this help for an extended period or the rest of your life. This kind of care is often needed due to aging, chronic illness, or injury, and most of us will need it for at least some time before we pass on. But it is not just for the elderly; a good number of younger, working-age adults are currently receiving long-term care due to accident, illness, or injury. Long-term care can be provided in your home, an assisted living facility, or a nursing home. All of these can be very expensive, with care provided in a private room at a nursing home typically being the most expensive. Home healthcare can easily run over $54,000 per year according to Genworth Financial’s Cost of Care Survey . Depending on the skill, medical certifications, and training required of the caregivers, the number of hours needed and where you live, home healthcare can cost more. Assisted living facilities can cost more than $50,000 per year; the more services you need, the higher the cost. Nursing home facilities, with round-the-clock care, are now $90,000 or more a year. Expect to see these costs go even higher, thanks to rising medical costs and longer life expectancies. The average stay in a nursing home is three years. Alzheimer's patients usually need care longer. Unfortunately, health insurance, disability income insurance, or Medicare do not cover long-term care. Health insurance plans cover nursing home expenses only for a short period while you are recovering from an illness or injury. Disability income insurance will replace part of your income if you are not able to work after a specified time, but it does not pay for long-term care. Medicare, which covers most people over the age of sixty-five, provides limited coverage for skilled care for up to one hundred days immediately following hospitalization. After that, you are on your own. So who will pay the cost if you need long-term care? There are only three sources: your (or your family's) assets, Medicaid, and long-term care insurance. Medicaid pays the bills for a large number of people in nursing homes today. But because the program is designed to provide services for those who cannot support themselves (children, disabled, incapacitated, and low-income individuals), you will have to "spend down" your assets and be practically penniless to qualify for benefits. Your spouse is also limited to the amount of assets he or she can have. Also, you will only be able to receive care from a facility that accepts Medicaid. But if you have minimal assets, it may be the best option for you. For many people, long-term care insurance is the best option, especially if you have assets and income you want to protect, you want to avoid being a financial burden on others, and you want to have some choice in the care you receive. With long-term care insurance, you will have the option of receiving care in your home or a private pay facility. The premiums are lower when you are younger and in good health. If you wait too long, the cost could be prohibitive and you might not qualify. When creating a comprehensive estate plan you must consider planning for long-term care. If you are considering trying to qualify for Medicaid, make sure you talk with us before you do anything. An innocent mistake could disqualify you from receiving benefits for many months.

The 2021 holiday season is upon us. That means that we are coming to the end of another year, but there is still time to get some major estate planning goals accomplished. Here are ten things to do before the end of the year. Put your estate plan in writing . Covid 19 brought new insights into how fleeting life really can be. You may have thought about putting your wishes on paper about how your want to distribute your assets if something happens to you. Set the end of the year as your deadline to finally get this done. Figure out why you have been procrastinating and conquer your fears. If it is because you are not sure who you want to be the guardian for your minor children, who you want to be your executor or trustee, or how to divide your estate, AMD Law can help you decide. (You can always change your mind later; do not let these decisions keep you from putting a plan in place now.) If you don’t commit your desires to writing Maryland’s (or your state’s) default will decide who gets your stuff. Make or update health care documents. At a minimum, everyone over the age of eighteen needs (1) a durable power of attorney for health care, which gives another person legal authority to make health care decisions (including life and death decisions) for you if you are unable to make them for yourself; and (2) Health Insurance Portability and Accountability Act (HIPAA) authorizations, which give written consent for doctors to discuss your medical situation with others, including family members. In addition, a revocable living trust is preferable over a will in the case of incapacity because it can prevent the court from controlling your assets. Review and update your existing estate plan . Personal and financial circumstances change throughout your lifetime, and your plan needs to change with them. Revisions should be made any time there are changes in your family (birth, death, marriage, divorce, remarriage), your finances, tax laws, or if a trustee or personal representative can no longer serve. Now is a perfect time to do this; if there are changes you want to share with family members, you can discuss it during the holidays. Review and update your guardian for minor children. The person you name as guardian for your children when they are young may not be the best choice as your children get older. Also, this person could change his or her mind, move away, or even become ill or die. Revisit your choice from time to time, and name more than one guardian in case your first choice cannot serve. Remember, if you have not named a guardian who is able and willing to serve and something happens to you, the court will decide who will raise your kids. Review and update beneficiary designations . This is especially important if your beneficiary has died or if you are divorced. If your beneficiary is incapacitated or is a minor, setting up a trust for this person and naming the trust as beneficiary will prevent the court from taking control of the proceeds. Review and update your insurance . Check the amount of your life insurance coverage and see if it meets your family’s current needs. Consider getting long-term care insurance to help pay for the costs of long-term care (and preserve your assets for your family) in the event you and your spouse should need it due to illness or injury. Get basic documents for unmarried kids who are over eighteen . It is a mild shock to learn we cannot see our college kids’ grades without their permission, even though we pay the tuition. It can be much worse if they become ill. Unmarried adults (age eighteen and over) must have a durable power of attorney for health care and HIPAA authorization naming you to act on their behalf in a medical emergency. And, while you are at it, have your attorney prepare a simple will and durable power of attorney. Hopefully these will not be needed, but if an event does occur, you will be glad you have them. Consider using your estate and gift tax exemption . As of 2021 every American can transfer up to $11.70 million free of federal gift, estate, and generation-skipping transfer tax. A married couple can transfer up to $23.4 million. If Congress does not change the current law, the federal estate tax exemption in 2026 will be $5 million (adjusted for inflation), $3.5 million, $1 million, or some other amount determined by Congress. If you are concerned that a reduction in the estate and gift tax will adversely affect you, consider using up your exemption by making gifts while the exemption remains high. You do not have to completely give away your assets; you can make the transfers in ways that will let you keep control and even keep the income your assets are generating. You also do not have to use the full $11.7 million exemption to benefit; even those safely below the $11.7 million amount should consider some planning to prevent future tax liability. Make tax-free gifts. Under current federal law, you can give up to $15,000 to as many people as you wish each year. This is a great way to reduce the size of your estate (and potentially save estate taxes) over time. For example, if you give $15,000 per year to your two children and three grandchildren, you would remove $75,000 from your estate in just one year and $350,000 in five years. (You can double these amounts if you are married.) Charitable gifts are unlimited. So are gifts for tuition and medical expenses, if you give directly to the institution. If your assets are safely below the $11.7 million exemption, you may not need to make these tax-free gifts to avoid paying estate tax when you pass away. You need to determine if making these tax-free gifts is appropriate for you by discussing them with your estate planning attorney. Talk to your children about your estate plan . You do not have to show them bank and financial statements, but you can talk in general terms about what you are planning and why. The more they understand it, the more likely they are to readily accept it—and that will help to avoid discord after you are gone. You can also talk to them about your values and the opportunities that money can provide. Even better, show your values by doing—the holidays are an excellent time for families to do charitable work together.

On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act). The SECURE Act, which is effective January 1, 2020. The Act is the most impactful legislation affecting retirement accounts in decades. The SECURE Act has several positive changes: It increases the required beginning date (RBD) for required minimum distributions (RMDs) from your individual retirement accounts from 70 ½ to 72 years of age, and it eliminates the age restriction for contributions to qualified retirement accounts. However, perhaps the most significant change will affect the beneficiaries of your retirement accounts: The SECURE Act requires most designated beneficiaries to withdraw the entire balance of an inherited retirement account within ten years of the account owner’s death. The SECURE Act does provide a few exceptions to this new mandatory ten-year withdrawal rule: spouses, beneficiaries who are not more than ten years younger than the account owner, the account owner’s children who have not reached the “age of majority,” disabled individuals, and chronically ill individuals. However, proper analysis of your estate planning goals and planning for your intended beneficiaries’ circumstances are imperative to ensure your goals are accomplished and your beneficiaries are properly planned for. Under the old law, beneficiaries of inherited retirement accounts could take distributions over their individual life expectancy. Under the SECURE Act, the shorter ten-year time frame for taking distributions will result in the acceleration of income tax due, possibly causing your beneficiaries to be bumped into a higher income tax bracket, thus receiving less of the funds contained in the retirement account than you may have originally anticipated. Your estate planning goals likely include more than just tax considerations. You might be concerned with protecting a beneficiary’s inheritance from their creditors, future lawsuits, and a divorcing spouse. In order to protect your hard-earned retirement account and the ones you love, it is critical to act now. 

Why Do I Need Life Insurance?

For every person who transfers a home to an adult child without incident, there is another person who regrets the decision to do so. as with other estate planning tools, transferring a residence to an adult child is not always the best option for everyone. While the property will escape the probate process. If you are considering transferring your home to an adult child, it is important to first consider the risks involved. 

Many Americans spend a lot of time and effort in managing their finances. While most are worried about how the coronavirus (COVID-19) will impact their income—whether that's because they are temporarily furloughed, find themselves suddenly without a job, or watching their investment and retirement accounts dwindle—there is another way COVID-19 can wreak havoc on American's finances: lack of incapacity planning. As the coronavirus continues to expand across the country, thousands of Americans are unable to carry out normal financial responsibilities because they are too ill, or they are stuck abroad and unable to travel home, or from a lack of resources due to being isolated at home. While feeling healthy, individuals should plan ahead now and ensure that someone will take care of their financial duties by setting up a Financial Power of Attorney. This important legal document will not only protect your finances should you fall ill from COVID-19 but also from any events that might leave you incapacitated, like an injury or accident. 

How Do I Make Sure My Grandchildren Are Taken Care of If Something Happens to Me in Prince George's County, Maryland?