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Laurel Maryland Estate Planning Blog

Halloween

Halloween and Our Cemetery Rituals

Halloween and the Honoring of the Dead: A Journey from the Catacombs to Candy Corn When it comes to honoring the dead, our cultural traditions are full of ghosts, saints, and all manner of solemn and playful commemoration. But how did we arrive at the modern mash-up of costumes, jack-o’-lanterns, and haunted houses that we call Halloween? Let’s take a journey through time—from the underground burial chambers of ancient Rome to the Day of the Dead altars in Mexico—and see how our festive approach to remembering the departed has evolved. And, of course, we’ll tie it back to those personal connections that make honoring the dead a universally shared human experience—like the plaque I’m having installed on the final resting place of my parents. The Origins of Honoring the Dead: Catacombs and Saints Our journey begins deep below the surface of ancient Rome, where early Christians sought refuge in catacombs—underground burial places outside the city walls. These tunnels were not only places to hide from persecution but also served as sites for mourning, prayer, and remembrance. The reverence for martyrs and the ritual of praying for the departed laid the groundwork for what would become All Saints’ Day and All Souls’ Day, marking a time when the faithful would pause to remember those who had died. By the 8th century, these practices were formalized. Pope Gregory III declared November 1st to be a day dedicated to honoring all saints, both known and unknown—a move that transformed the casual veneration of the dead into a structured ecclesiastical event. Thus, All Saints’ Day (also known as All Hallows’ Day) and its companion, All Souls’ Day (November 2nd), became key moments for Christians to visit the graves of loved ones, light candles, and pray for their souls. The Celtic Samhain and the Rise of Halloween Meanwhile, in the lands of the Celts—today’s Ireland, Scotland, and parts of France—another festival was marking the turn of the seasons and the passage from life to death. Samhain (pronounced “Sow-in”) was an ancient harvest festival that took place on October 31st, and it was believed that on this night, the boundary between the world of the living and the realm of the spirits grew thin. People would light bonfires, wear costumes to ward off wandering ghosts and leave offerings to the departed to ensure a bountiful harvest. As Christianity spread across Europe, old pagan customs mingled with new religious traditions. By the time All Saints’ Day was established, its “eve” on October 31st—known as All Hallows’ Eve—became a night to honor the dead in a way that fused both Christian and Celtic beliefs. The transformation was gradual and patchy, but the seeds were sown for what would eventually become our modern Halloween. The Mexican Día de los Muertos: A Celebration of Life and Death While Halloween was brewing in Europe, other parts of the world developed their own traditions to honor the dead. Perhaps none is more colorful and iconic than the Mexican Día de los Muertos

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Planning for digital assets

Estate Plan? Don’t Forget Digital Assets!

The world has changed, and it really isn’t a good idea to ignore your digital assets when estate planning. Estate planning has generally been about tangible assets through the years. However, now attention needs to be also focused on the digital world in order to be thorough, according to the North Bay Business Journal in “Your digital life likely will outlive you, so here’s how to bring your estate plan into the modern age.” Don’t think you have a digital identity and digital assets? For most of us, we need to take a closer look. Here are a few of your digital assets to consider: bank accounts, email accounts, Facebook page, Linked In profile, online photo albums, blogs and websites. They’re likely to be around long after you are gone. This is still a relatively new area of estate planning. What often happens is that heirs think they can simply find and use the decedent’s user name and passwords to access their accounts.  However, what they learn, is that they are legally not permitted to do so.   A new law was passed in 2017 in California that attempted to bring order to this chaos. The Revised Fiduciary Access to Digital Assets Act allows executors and trustees to obtain disclosure of a person’s digital assets, after the original owner dies but only under certain conditions. In the recent past, federal and state laws have made it hard for executors and trustees to gain access to these assets without a court order. Just being the executor or trustee does not automatically give you the right to access assets. There must be evidence that the decedent consented to disclosure. Having these access provisions in wills, trusts and powers of attorney is an evolving area. The new law mainly gave social media platforms and privacy advocates what they wanted: a requirement of prior consent before disclosure. However, the end result is that it is easier to gain access to digital assets, if executors and trustees can show that the decedent did consent to disclosure. However, it’s still not that simple. Here are a few steps to help your loved ones deal with your digital assets: Inventory every digital asset that you have. Create a list of log-in and password information, plus any “secret questions/answers.” Having a password program like “Lastpass” can be a great tool to allow for access and control for your decision maker. Tell your trusted family member or friend where that list is. Store it with your other estate planning documents, possibly in your attorney’s vault. Do not include your digital asset inventory, as part of your will. If your estate goes through probate, all of your account information will become part of the public record. An estate planning attorney can advise you on creating an estate plan that fits your unique circumstances and will most likely include digital assets. If you already have an estate plan, revisit the package with your estate planning attorney and take your digital assets

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