Why Estate Planning Matters Now More Than Ever
If the past few years have felt like one challenge after another—you're not alone. Between inflation, economic downturns, political unrest, and an ongoing sense of unpredictability, many families are understandably focused on making it through the day-to-day. But times like these make estate planning not just a wise choice—it’s an essential one.
As an estate planning attorney serving families in Maryland and DC, I’ve seen firsthand how powerful it can be to have a plan in place when the unexpected hits. And I’ve also seen what can happen when there isn’t one.
A Family in Crisis—Without a Plan
Not long ago, I worked with a family whose elderly mother was suddenly hospitalized. They assumed they’d be able to step in and make decisions for her—but she had no Power of Attorney or Advance Directive in place. Because she lived in DC, her children were forced to petition the probate court to be appointed as her guardian—a time-consuming and expensive process, all while dealing with the emotional strain of her declining health. The delays affected everything from her medical care to the payment of her bills. It was heartbreaking to watch—and entirely preventable.
By contrast, another client had recently finalized her foundational documents—a will, powers of attorney, and a revocable living trust. When she had an unexpected medical emergency, her children were able to immediately step in, make medical decisions, and access accounts to pay her mortgage and caregivers. Instead of scrambling, they were able to focus on being present with her during a difficult time.
State-Specific Considerations: Maryland and DC
Many people don’t realize that estate planning laws vary by state, and that matters significantly in this region.
In Maryland, if you die without a will, the state follows its intestacy laws to determine who inherits your property. This may or may not align with your wishes—especially in blended families or unmarried partnerships. Maryland also requires that a Power of Attorney be notarized and witnessed in a specific way to be valid.
In the District of Columbia, the probate process can be particularly lengthy. And without a valid Advance Directive and Health Care Power of Attorney, family members may be unable to access medical information or make decisions without first going through court. DC’s laws also differ slightly on inheritance rights—especially in cases involving domestic partners or distant relatives.
That’s why it's critical to have a plan that complies with the laws in the state where you live—and where you own property.
Why You Should Plan Now
1. Protect Your Assets—Whatever the Size
Even if you don’t think you have “a lot,” estate planning ensures that what you do have goes to the right people. In a shaky economy, that’s especially important. You want to minimize legal fees, taxes, and confusion—not increase them.
2. Avoid Court Involvement
In both Maryland and DC, lack of planning can mean court involvement for everything from guardianship to probate to access to bank accounts. With even basic planning, you can keep your affairs private and avoid those burdens entirely.
3. Appoint Trusted Decision-Makers
Who will manage your finances if you're unable to? Who will make medical decisions on your behalf? Without clear documents, the court decides—or worse, your loved ones may disagree. Powers of Attorney and Advance Directives remove that guesswork.
4. Protect Your Children
If you have minor children, naming a guardian is one of the most important (and often overlooked) pieces of your plan. Without it, a judge decides who raises them. With it, you make that decision based on your values.
5. Plan for Your Legacy
I’ve helped clients write letters to their children, leave charitable bequests, even include family stories in their trust documents. Your estate plan can reflect not just what you own, but who you are. And in uncertain times, that kind of intentional legacy can bring immeasurable comfort.
Final Thoughts
I know that estate planning can feel overwhelming—especially when the world already feels heavy. But I want to assure you: it’s not about fear. It’s about empowerment. It’s about putting tools in place so that your loved ones aren’t left in crisis. So that your wishes are known. So that your legacy is protected.
If you live in Maryland or the District and haven’t created or updated your estate plan recently, now is the perfect time. I’d be honored to walk you through it—one step at a time.
Let’s bring a little more certainty to uncertain times. Schedule your complimentary consultation today!
This article is a service of Cedar Counsel. 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.