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Out of State Property and Your Estate Plan 

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Many of our clients living here in Maryland have out of state property. Whether that is a vacation home in Florida or Delaware, a deeded timeshare somewhere, or a property inherited from a family member, it is something you need to plan for in your estate plan. 

When someone passes away owning property in more than one state, and they do NOT have an estate plan in place, then there will need to be a probate opened in the state where they reside AND an “ancillary probate” opened in the other state(s) in which they own property. This can be frustrating – probate is already expensive and lengthy, and this adds to that. 

So how can you avoid ancillary probate? The main way is to title all real estate in a Living Trust. This way, when you pass away, your successor trustee can step in and sell the property or deed it to your beneficiary without getting the court involved. It is all handled privately, and generally much faster. 

How do you make sure that your property is properly deeded into your Trust? When we are setting up an estate plan for our clients, we work with our national network of attorneys to make sure the required deeds are prepared, and all necessary steps are followed. 

If you own property in more than one state, be sure to meet with us at Sinclair Prosser Gasior to review your options to avoid ancillary probate. 

Contact the experienced estate planning attorneys at Sinclair Prosser Gasior by calling (410) 573-4818 to schedule an appointment or visit SPGasior.com. 

Sinclair Prosser Gasior Annapolis Headquarters office is now located at 183 Harry S. Truman Pkwy, Suite 104. 

Jon J. Gasior, Estate Planning Attorney
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About Jon J. Gasior, Estate Planning Attorney

His personal experience with family and the problems that resulted from their failure to create an estate plan resulted in his desire to learn more about this area of the law. From his work in the Elder Law Clinic, he further realized the need to plan not only for death, but also for incapacity during their lifetime. About the Author !