Do I Need a Trust?

One of my pet peeves as an estate planning attorney is hearing the question:

“Do I need a trust?”

After more than forty years of practicing law, I have heard that question thousands of times. It usually arrives early in the conversation—sometimes before we have even talked about family, finances, goals, or worries. People ask it the way someone might ask whether they need snow tires or whether they need a new roof.

And my answer often surprises them.

No. Nobody “needs” a trust.

That may sound odd coming from someone who has drafted hundreds—probably thousands—of trusts over the course of a career.

But the truth is that, “Do I need a trust?” is simply the wrong question.

It is the wrong question because it frames estate planning as a minimum requirement—something you do only if you absolutely must. It suggests that the goal is to do as little as possible.

But estate planning is not about minimum requirements.

It is about taking care of the people you love.

The Problem With “Need”

When people ask whether they need a trust, they are usually looking for permission not to do one.

They are hoping the answer will be something like:

“No, you’re fine. You do not really need one.”

And sometimes that answer is technically true. If someone owns very little property, has simple assets, or lives in a state with streamlined probate procedures, a trust may not be essential.

But that does not mean it is not wise.

Think about the difference between what we need to do and what we choose to do.

You do not need to save for your child’s college education.

You do not need to show up for every one of their soccer games.

You do not need to spend an afternoon teaching a grandchild how to ride a bicycle.

But those things are often among the best things we ever do.

Estate planning works the same way.

A Lesson From My Early Legal Career

Early in my career, I handled a number of paternity cases. They were often difficult matters involving young men who had been named as the possible father of a child.

From a legal perspective, the objective in those cases was very clear.

The name of the game was to prove you were not the father.

That was the legal strategy. DNA tests, affidavits, evidence, timelines—everything revolved around answering one question:

Is he the father or not?

Sometimes the answer was no.

But sometimes the answer was yes.

What struck me most in those cases was the range of reactions that followed.

Some men accepted the responsibility and grew into the role of being fathers. Over time they became loving, engaged parents.

Others responded differently. For them the question became purely transactional:

“When is the last check I have to write?”

Technically, that question had a legal answer. Child support obligations eventually end.

But hearing that question always struck me as a terribly small way to think about something as profound as being a father.

Because fatherhood—like most of life’s important roles—is not about what you have to do.

It is about what you choose to do.

Parenting and Estate Planning

The parallel to estate planning is stronger than most people realize.

If a parent approached raising children the same way some people approach estate planning, the questions might sound like this:

Do I need to attend my daughter’s recital?
Do I need to help my son with his science project?
Do I need to save money for my children’s future?

Legally speaking, the answer to many of those questions might be “no.”

But emotionally, morally, and practically, we understand that doing those things is often part of being a good parent.

We do them not because we have to.

We do them because they are the best things to do.

The same principle applies when we think about trusts.

What a Trust Actually Does

A trust is not magic.

It does not create wealth out of thin air, and it does not solve every family problem. But it is one of the most flexible and thoughtful tools we have for protecting and managing assets.

Depending on how it is structured, a trust can help a family:

• Avoid probate
• Maintain privacy
• Provide management of assets if someone becomes incapacitated
• Protect a surviving spouse
• Protect children from creditors or divorce
• Provide for beneficiaries who are minors or who need assistance managing money
• Ensure that assets are used wisely over time

Notice something important.

None of those benefits are about necessity.

They are about stewardship.

The Estate Plan as a Love Letter

One of the ways I like to describe an estate plan is this:

An estate plan is a love letter to your family written in legal language.

It tells the story of what matters to you.

It answers questions your family will have someday:

Who should be in charge?
How should decisions be made?
What values matter to us?
How do we protect the people we care about?

Without a plan, those questions get answered by default rules—laws written by legislators who never met your family.

A trust allows you to write your own instructions instead.

Not because you must.

But because you care.

Why the Question Persists

So why do people keep asking whether they “need” a trust?

There are a few reasons.

First, fear of complexity. Trusts sound complicated, and the word itself carries a certain legal weight that can feel intimidating.

Second, concern about cost. People assume a trust must be expensive. Sometimes it costs more than a simple will, but in the broader context of protecting a lifetime of assets, the cost is usually modest.

Third, internet myths. The internet is filled with articles that frame the question in simplistic terms: only wealthy people need trusts, trusts are only for tax planning, or you do not need a trust if your estate is under a certain amount.

Those statements miss the point.

Trusts are not primarily about wealth.

They are about control, continuity, and care.

The Better Question

Instead of asking whether you need a trust, a better question might be:

“What is the best way to take care of my family?”

When you start with that question, the conversation changes.

Now we can talk about things like:

• Who should manage finances if you become ill
• How a surviving spouse will handle household finances
• Whether children are ready to inherit money outright
• How to protect family assets across generations
• How to simplify administration during a difficult time

Sometimes the best answer to those questions includes a trust.

Sometimes it does not.

But the decision is no longer driven by minimum requirements.

It is driven by family values.

The Gift of Thoughtfulness

The greatest gift an estate plan provides is not financial.

It is clarity.

When families face illness, disability, or death, emotions run high and decisions become difficult. A thoughtful estate plan removes uncertainty during those moments.

It says to your family:

• I have thought about this.
• I have made some decisions to make things easier for you.
• I care enough about you to prepare.

That kind of preparation is an act of generosity.

A Slightly Ironic Ending

So let us return to the original question.

Do you need a trust?

No.

Just as you do not need to read bedtime stories to your children.
You do not need to attend their graduations.
You do not need to help them buy their first home.
You do not need to spoil your grandchildren.

Life can technically proceed without any of those things.

But anyone who has lived long enough—and loved deeply enough—knows that the best parts of life are rarely about what we needed to do.

They are about the things we chose to do anyway.

So if you came here looking for the definitive legal answer to the question, “Do I need a trust?”

Here it is:

No.

You absolutely do not need one.

And yet, after forty years of helping families put their affairs in order, I have noticed something curious.

The people who ask the question usually end up creating one anyway.

Apparently, once we start thinking about the people we love… the answer has a way of taking care of itself.

Five Ways To Avoid Probate in Your Estate Plan

Probate is the state’s default process for handling assets that are not controlled by title or contract. While the court system does its best, going through probate is no one’s idea of a great time. Thoughtful estate planning can minimize or entirely avoid probate while also honoring your wishes and what is best for your family.

Establish a revocable living trust

These trusts are legal entities used to hold assets while you’re living and pass them on to beneficiaries when you have died. Unlike wills, which only control the assets that must pass through probate, trusts transfer wealth quickly and privately. Revocable living trusts can be amended at any time the grantor wishes, providing a great deal of flexibility. Trusts generally provide the most complete coverage for a wide range of assets and life situations.

Name beneficiaries on accounts prudently

Most people own accounts that allow for beneficiary designations. These are typically life insurance policies, investment accounts, or accounts with Transfer On Death (TOD) or Pay On Death (POD) designations. These accounts pass outside the probate estate and go directly to the named beneficiaries. Be sure those names are up to date, since beneficiary designations supersede any provisions in the will. Beneficiary designations must be used carefully for each type of account, as they can have serious tax and distribution consequences.

Use proper legal structures for property ownership

Joint ownership with right of survivorship allows the surviving owner to take title to the property outright upon the first owner’s death. Talk with your estate planning attorney about how this affects taxes or liability exposure. For blended families or businesses, additional planning may be needed to pass the assets on to heirs or partners.

Minimize estate taxes through gifting and trusts

You may not need to concern yourself with federal estate taxes if your wealth is under $15,000,000. However, state estate taxes can still take a bite out of inheritances, particularly in Maryland, which is the only state that has both an inheritance tax and an estate tax.

Document intent and update documents regularly

The biggest mistake in estate planning is not having one, while the second biggest is failing to update it. Life changes such as marriages, divorces, births, deaths and moves require updated estate plans.

Estate planning is about thoughtfully stewarding how your assets are distributed, maintaining family privacy and protecting your family’s legacy. Talk with a Downs Law Firm estate planning attorney today to avoid the costs and delays of probate while protecting your family and ensuring that your assets are distributed according to your wishes, not the state’s.

Reference: Forbes (Dec. 16, 2025) “How To Avoid Probate And Protect Assets”

Stop Stalling on Your Estate Planning

Or, A Brief Meditation on Human Nature, the Holidays, and Why “Later” Has Such Excellent Manners

Human beings are, by nature, reasonable creatures.

As such, we so frequently decide—quite rationally—that we will address serious matters at some future time when we are less busy, more rested, and possessed of better judgment than we are today.

This future version of ourselves is a marvel.

He is organized.
She returns phone calls.
They make thoughtful decisions without discomfort and never lose paperwork.

Unfortunately, this person does not exist.

And yet, we continue to rely on them—particularly when it comes to estate planning.

The Grand and Time-Honored Tradition of Putting Things Off

Procrastination is not a flaw. It is a tradition.

It has been passed down from generation to generation, likely with grand ceremony, though regrettably without documentation. If wills were written as faithfully as delays are practiced, probate courts would be ghost towns.

Estate planning is uniquely suited for postponement because it offends no one by waiting. It makes no noise. It does not leak, rattle, or emit smoke. It merely sits patiently, like a well-mannered guest who has overstayed their welcome but refuses to complain.

We do not ignore estate planning because we are irresponsible. We ignore it because we are optimists.

We believe tomorrow will be calmer.
We believe next year will be clearer.
We believe that future us will be grateful we waited.

Future us, it must be said, is often annoyed.

The Holidays: When Good Intentions Go to Feast

The holidays arrive each year with impeccable timing.

Just as we begin to think, “I really should get my affairs in order,” the calendar intervenes with pie, relatives, travel, and traditions that demand our full attention and emotional resilience.

This is not a bad thing.

The holidays are for reflection, connection, and the careful avoidance of controversial topics at the dinner table. No one has ever improved a family gathering by announcing, “After dessert, I’d like to discuss my mortality.”

So we do what sensible people do.

We postpone.

“After the holidays.”
“After the New Year.”
“When things slow down.”

This feels wise, mature, and deeply responsible.

It is also statistically speaking, how estate planning gets postponed for another year.

January: The Month That Sells False Hope at a Discount

January is the most dishonest month of the year.

It arrives dressed as a fresh start, waving a clipboard full of resolutions and promising cooperation. We trust it, despite a long history of betrayal.

January assures us:

• This is the year we will be organized
• This is the year we will follow through
• This is the year we will finally handle important matters

By February, January has vanished, leaving us alone with our inbox and a faint sense of disappointment.

Estate planning often meets its demise in January—not because people don’t care, but because January is built on intention rather than structure, and intention is a flimsy building material.

Stalling Is Reasonable—Until It Isn’t

There are good reasons to stall.

Estate planning requires decisions that feel permanent, conversations that feel awkward, and contemplation that feels unnecessary right up until the moment it becomes unavoidable.

Stalling allows us to:

• Think things through
• Avoid rash decisions
• Maintain emotional equilibrium

All of this is sensible.

The trouble begins when stalling becomes indefinite.

An unscheduled delay has no natural ending. It simply waits for the next excuse, which life is always happy to provide.

What Happens When “Later” Becomes “Too Late”

When estate planning is delayed long enough, it does not remain neutral. It becomes active in its absence.

Outdated plans do more harm than no plans at all.
No plans invite the state to make decisions you would not have made.
Families are left interpreting silence as intention.

None of this is dramatic. It is merely inconvenient, expensive, and exhausting—especially for the people you were hoping to protect.

This is not how anyone wants to be remembered.

A Confession from My Side of the Desk

Allow me a candid observation from the professional trenches.

In my world, nothing happens unless it is on the calendar.

Not because people are negligent.
Not because they are careless.
But because human beings are governed by schedules, not aspirations.

Clients who say, “We should do this,” mean it sincerely.
Clients who say, “We’ll call you,” believe it at the time.

Clients who actually do it are the ones who say, “Let’s set a date.”

Calendars are ruthless but fair. They do not care how good your intentions are. They only care whether you showed up.

The Quiet Power of Scheduling

There is something deeply comforting about a scheduled obligation.

Once it is on the calendar, the mind relaxes. The problem is no longer floating overhead, demanding attention. It has been assigned a time and place.

Scheduling estate planning does not require enthusiasm. It requires only honesty.

You do not need to feel ready.
You do not need to feel eager.
You only need to decide that it will, in fact, happen.

Why Planning for 2026 Is an Act of Wisdom

Planning—especially into a year like 2026—is not avoidance. It is a strategy.

It says:

• “I am not in crisis.”
• “I can make thoughtful decisions.”
• “I am not relying on chance.”
• It allows estate planning to occur under the best possible conditions: calm, deliberate, and unrushed. This is how good plans are made.
  

  Tradition, Properly Understood

  Tradition is not doing things the way they’ve always been done.

  Tradition is preserving what matters while discarding what no longer serves.

  Estate planning is not a rejection of tradition. It is an expression of it. It is how we care for the people who come after us without burdening them with unnecessary confusion.

  It is, in its own quiet way, an act of kindness.

  A Final, Modest Proposal (and a Call to Action)

  So here is my modest proposal, offered in the spirit of the season.

  Do not overhaul your life today.
  Do not ruin the holidays with paperwork.
  Do not rely on January’s false promises.

  Simply do this:

  Put it on the calendar

  Choose a date.
  
  Schedule the meeting.
  Make it real.

  Because in my world—and very likely in yours as well—things do not happen because they are important.

  They happen because they are scheduled.

  If you would like estate planning to be part of your 2026—not just a fond intention—then now is the moment to claim a spot on the calendar.

  We’ll take care of the rest.

 

So You’ve Been Drafted as Personal Representative: Welcome to Your New Part-Time Job

When someone passes away, families often imagine the next steps will be a quiet procession of casseroles, flowers, and heartwarming eulogies. But then comes the inevitable pause when someone clears their throat and says, “So… who’s going to handle the estate?”

Congratulations! If you’re reading this, there’s a good chance that person is you. You may have been chosen because you are the “responsible one,” or because you live closest, or because you once balanced a checkbook without needing an accountant. Whatever the reason, you are now the proud manager of a probate estate—a position that comes with responsibilities, deadlines, paperwork, and just enough family drama to qualify as reality television.

But here’s the good news: you don’t have to do it alone. At our law firm, we offer free consultations to representatives when one of our clients passes away. Preparing you ahead of time for what this role actually involves can make the difference between a smooth administration and one that has you pulling your hair out.

Probate: A Respectful but Honest Job Description

Think of probate as a part-time job. It won’t take over your life (unless you let it), but it’s not something to treat casually either. You are now in charge of gathering information, protecting assets, tracking down bank statements, and ensuring every step is handled with care. This isn’t about you—it’s about fulfilling a legal and moral duty to honor the wishes of the person who has passed away and to act in the best interests of their heirs.

Here’s the catch: family members often underestimate the work involved. They picture you casually signing a couple of papers and cashing checks. The reality is more like playing Sherlock Holmes with bank accounts, insurance policies, retirement statements, and that one mysterious safe deposit box no one remembered existed.

Also, probate is a court-supervised process of transferring title and satisfying the taxing authorities, including the court and IRS, and dealing with creditors. You will be working with the Register of Wills in the county where the decedent had lived, and will be filing documents with the local Orphans’ Court. If you are not experienced with that process and its procedures, we can help streamline it, as we have handled thousands of such cases.

Why Preparation Matters

We’ve helped hundreds of families through this process, and here’s what we know: those who prepare are calmer, more confident, and less likely to be ambushed by surprises. Meeting with counsel early—before you’ve opened accounts, transferred assets, or distributed grandma’s collection of porcelain frogs to the cousins—saves headaches later.

That’s why we offer free consultations to representatives. We want to walk you through what’s coming, show you the roadmap, and answer the questions you don’t even know you should be asking yet.

The Fiduciary Hat: Wearing It with Pride

Here’s the golden rule of estate management: always sign everything as “Personal Representative” or “Trustee.” Never just slap your own name down. Why? Because this isn’t your money, and you don’t want to accidentally make it your personal responsibility.

Think of yourself as the estate’s CEO. Your signature is your badge of office. Wearing the fiduciary hat protects you, reassures the heirs, and keeps everything professional.

The Practical Side: Protect, Collect, Organize

Let’s talk about what you’ll actually be doing in this role. Probate may sound intimidating, but at its core, it’s about gathering, protecting, and accounting for assets until the court gives you the green light to distribute them.

Some of the first tasks include securing the home, notifying banks and financial institutions, collecting key documents, and inventorying assets.

Your Probate Checklist

Here’s a checklist of typical steps to get you started:

Immediate Steps

• Locate the will and other estate planning documents.
• Secure property: lock the house, check insurance, safeguard valuables.
• Gather death certificates (order more than you think—you’ll need them).
• Identify yourself as Personal Representative with the court (formal appointment required).

Financial Steps

• Notify banks, investment firms, and insurance companies.
• Collect all account statements starting from the date of death.
• Open an estate checking account for all income and expenses.
• Continue mortgage, utility, or insurance payments (through the estate, not your pocket).

Asset Inventory

• List all real estate, vehicles, personal property, and business interests.
• Value assets through appraisals when necessary.
• Track down overlooked items (safe deposit boxes, digital assets, unclaimed property).

Record-Keeping

• Keep copies of every financial statement from date of death to closing.
• Maintain a log of all receipts and disbursements.
• Retain correspondence with heirs, creditors, and professionals.

Professional Help

• Hire counsel for court filings and accountings.
• Engage an accountant for income tax and estate tax filings.
• Consider appraisers, realtors, or financial advisors as needed.

Distribution and Closing

• Pay debts and expenses in the correct order of priority.
• Provide heirs with an accounting of your actions.
• Distribute assets only when legally cleared to do so.
• Close the estate account and celebrate with a well-earned slice of cake.

The Family Factor

Even the most harmonious families can find themselves bickering over heirlooms, expenses, or fairness. Your role is not to referee, but to follow the law, the will, and the court’s instructions. Keeping records and working with counsel will protect you.

Taxes and Reporting: The Necessary Nuisances

One of the least glamorous but most crucial parts of your role is tax reporting. Estates often have to file final individual returns, fiduciary returns, and sometimes estate tax returns. Don’t DIY this—hire a professional.

Why Professional Guidance Matters

The estate process is like navigating a maze: there are turns, dead ends, and rules you don’t know until you bump into them. Having an attorney ensures you avoid pitfalls that can delay the estate for months.

Optimism Amid the Paperwork

If this all sounds daunting, don’t worry. You’re not alone. And probate, though bureaucratic, is deeply meaningful. You’re honoring someone’s life with order and dignity.

Final Words of Encouragement

Take a deep breath. Remember, this is a part-time job with a clear beginning and end. Approach it with seriousness, patience, and humor. And most importantly, call us for a free consultation—we’re here to help.

If a Will Falls in a Filing Cabinet and No One Knows It’s There…

Why Your Estate Plan Is Only as Good as Its Visibility

Let me begin with a story.

A man dies.

(Yes, I know, not the cheeriest opener—but hang with me.)

This man—we’ll call him Frank—was responsible, thoughtful, and even a little ahead of the game. He didn’t just talk about doing his estate plan; he actually did it. Will, power of attorney, health care directive—the full legal toolkit.

Frank’s intentions were clear, his documents were valid, and everything was… utterly useless.

Why?

Because no one knew he had any of it.

His daughter, Stephanie, searched the house, called neighbors, and even tried to guess the passwords on his computer. They were mostly variations of “GoRavens.” No luck.

It turns out, Frank had a will. A good one. But it was tucked into a manila folder marked “Misc.” And while the estate planning attorney (yours truly) still had a copy, no one thought to call the office—because no one remembered that Frank had ever been here.

This isn’t a one-off. It’s an increasingly common issue.

Documents Are Only the Beginning

When we talk about estate planning, we often emphasize having the proper documents:

– Last Will and Testament – Names your beneficiaries and your personal representative.
– Power of Attorney – Appoints someone to handle your financial matters if you become incapacitated.
– Advance Directive/Health Care Directive – Names someone to make medical decisions and outlines your wishes.
– Revocable Living Trust (if applicable) – Used for probate avoidance and asset management.

But let me share a truth that surprises many clients:

Having these documents is only half the job. The other half is ensuring that the right people know they exist and can access them when it matters.

Don’t Hide Your Legacy

If your estate plan is sitting in a box, at the bottom of a closet, between a 1998 tax return and a Christmas sweater with questionable embroidery, it may never be found when it matters.

Even worse, your family might end up assuming you didn’t have a plan at all. That often means:

– Delays in probate
– Assets going to the wrong people
– The court appointing someone to make decisions you would have never chosen

In Maryland, if no one can produce the original will, the estate is treated as though there was no will—no matter how carefully we drafted it.

Maryland Tip: Store the Original Will with the Register of Wills

For Maryland residents, one of the most effective (and underused) options is filing the original will with the Register of Wills in your county. This is a private, sealed filing, and it remains secure until your death. That is where it needs to be taken when you die.

When the time comes, your personal representative can retrieve it with a death certificate. It eliminates the single biggest risk we see: the document going missing or being forgotten entirely.

Who Should Know What?

This is where nuance comes in. Estate planning isn’t just about documents—it’s about timing, discretion, and relationships.

✔ Your Personal Representative (Executor)
They must know that they’re named and know how to access the will. That doesn’t necessarily mean giving them a full copy today—but at a minimum, they should know it exists and who to contact (your attorney or the Register of Wills).

✔ Health Care Decision-Maker
This is more time-sensitive. If you name someone to make medical decisions in an emergency, they need access—now, not later. We strongly recommend that clients share health care documents electronically with their decision-makers.

✔ Power of Attorney
This requires care. Handing someone power of attorney is a significant act—it gives them legal authority to act on your behalf. That power doesn’t necessarily have to be active right away (you can make it “springing” to activate only if you’re incapacitated), but who you tell and what you give them should be thought through carefully.

For some clients, it makes sense to give the named agent a copy immediately. For others, it’s best to simply let them know they’re named and that the document is safely stored.

Giving someone too much information too early can lead to misunderstandings—or even unintended interference if your wishes evolve or your relationships change.

What About Giving Someone the Will Now?

This, too, requires judgment. While it may seem generous to hand your adult child or sibling a copy of your will, doing so can backfire if you later make changes. Human nature being what it is, some beneficiaries don’t take revisions gracefully.

If your relationships are stable and your plan is unlikely to change, it may make sense. But for many people, especially those still navigating complex family dynamics, it’s better to share access instructions—not the full contents—until the time comes.

Your Plan Needs a Map

Here’s a simple exercise I give to every client:

In the front of your binder is A to do list which includes who to tell what to. That is your road map of having the discussion and making sure these documents serve the purposes intended.

It includes:
– What documents you’ve completed
– Where the originals are located
– Contact information for your attorney and that your chosen representative is entitled to free consultation at your death or disability

In the back of the binder is a short list of who has authority to act (and in what role)

You can store this with your estate plan or email it to a trusted family member. If your plan involves multiple layers—a trust, out-of-state property, business interests—this kind of “cheat sheet” becomes even more important.

Think of it as a map. Without it, even the best legal plan can be lost in the woods.

The Professional Takeaway

We’ve worked with hundreds of families who had the right intentions and all the right paperwork—but when the time came, no one could find it. Or access it. Or even remember it existed.

That’s why we emphasize three rules:
1. Create a thoughtful estate plan.
2. Store it where it can be accessed securely and reliably.
3. Communicate—clearly and wisely—so your wishes aren’t a mystery.

Estate planning isn’t just about legal documents. It’s about peace of mind. Yours now—and your family’s later.

In Summary

If you’ve taken the time to put a plan in place, thank you. You’ve already done more than most. But don’t stop there.

Tell someone.
Write it down.
Make it retrievable.

And if you haven’t filed your original will with the Register of Wills, let’s talk. It’s one of the simplest ways to make sure all this good work actually fulfills its purpose.

Because if a will falls in a filing cabinet, and no one knows it’s there… the court will assume it never existed.

Let’s make sure your voice is heard—even when you’re not around to say it.

Thomas P. Downs, Esq.
Serving Maryland families with smart, thoughtful estate plans—and the clarity to make them matter when it counts.

 

What’s in Your Pocket? A Word About Pocket Deeds and Why They May Need an Update

If you’ve done estate planning with us in the past, we may have prepared a document known as a “pocket deed”—a deed that’s fully signed and notarized, but intentionally not recorded in the land records office. If this sounds familiar, take a moment to mentally reach into your metaphorical jacket and feel for that unrecorded document. It might be time for a tune-up.

What Is a Pocket Deed?

A pocket deed is typically used to facilitate a transfer of real estate at death. It might be a life estate deed, transfer to a revocable trust, or another tool in the estate planner’s belt. We keep it unrecorded for a reason: many real estate loans contain a “due on sale clause,” which allows the mortgage company to demand immediate full payment if the property is transferred.

That clause is generally not triggered if the transfer is to your revocable trust and the property is your primary residence. But if the property is not your primary residence—say, a rental, vacation home, or inherited property—that same deed might give your mortgage lender the right to call in the loan if it’s recorded.

That’s why, in many cases, we prepare the deed and advise you to keep it in your files until the right time comes—usually after the mortgage is paid or after death.

A Moving Target: Recording Requirements Are Changing

Now, here’s the important part: recording requirements change, and Maryland has changed them recently.

As of the past few years, the Maryland land records office has begun requiring specific tax exemption language to be printed directly on the deed itself. This language declares why the deed is exempt from state and local transfer and recordation taxes.

If your pocket deed is more than a few years old, it’s likely missing this required language—not because of a mistake, but because the rule didn’t exist at the time.

If such a deed is recorded today without that language, you could face delays, additional taxes, or a rejection by the recording office. In short: your once-legal deed may now be missing the current legal magic words.

What You Should Do

If you have a pocket deed sitting quietly in your files, now is a good time to check in with our office. We can:

– Review the current deed for compliance with Maryland’s updated recording rules

– Update or re-execute it if needed

– Advise you whether recording it now makes sense (especially if the underlying mortgage has been paid off)

If you’ve paid off the mortgage, don’t wait—record the deed. It’s ready to do its job, and it’s time to get it into the official record books where it can protect your estate plan as intended.

Like all good estate planning tools, a pocket deed works best when it’s part of an up-to-date plan—and not just a forgotten paper tucked away for a rainy day.