• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Sinclair Prosser Gasior

Annapolis Estate Planning Attorneys

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Call Now: (410) 573-4818

Attend a Free Workshop Trustee School

  • Home
  • About Our Firm
    • About Our Firm
    • Founding Attorneys
    • Meet Our Team
  • Services
    • Annapolis, MD Asset Protection and Business Planning
    • Estate and Gift Tax Figures
    • Annapolis, MD Elder Law & Medicaid Services
    • Annapolis, MD Trust Administration & Probate
    • Family-Owned Businesses & Farms
    • Annapolis, MD Incapacity Planning
    • Annapolis, MD LGBTQ Estate Planning
    • Annapolis, MD Pet Planning
    • SECURE Act
    • Annapolis, MD Special Needs Planning
    • Estate Planning for Young Families
  • Resources
    • DocuBank
    • Elder Law Reports
    • Estate Planning Definitions
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Power of Attorney
      • Probate Avoidance
      • Trust Administration & Probate
      • Wills
    • Is Your Estate Plan Outdated?
    • Probate Resources
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Trust Administration
      • Estate Planning for Niches
    • Top 10 Estate Planning Techniques
    • Newsletters
  • COMMUNITIES WE SERVE
    • Anne Arundel County
      • Annapolis
      • Crownsville
      • Davidsonville
      • Highland Beach
      • Millersville
    • Baltimore County
    • Calvert County
      • Dunkirk
      • Huntingtown
      • Owings
    • Charles County
      • Charlotte Hall
      • Waldorf
    • District of Columbia
    • Howard County
    • Maryland
      • Clarksville
      • Columbia
      • Ellicott City
    • Prince George County
      • Bowie
      • Fort Washington
      • Glenn Dale
    • Queen Anne’s County
      • Grasonville
      • Queenstown
      • Stevensville
    • St. Mary’s County
      • Charlotte Hall
      • Leonardtown
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
  • Make A Payment
  • Client Portal
Home / Estate Plan in Maryland / When Is It Too Late To Create An Estate Plan?

When Is It Too Late To Create An Estate Plan?

September 21, 2018 by Jon J. Gasior, Estate Planning Attorney

“When is it Too Late to Create an Estate Plan?” by Attorney Jon J. Gasior (Audio)

You may be considering exploring estate planning options for either yourself or your family, and you may even be wondering if you waited too late to create an estate plan.

The answer to that question generally is no. However, there are some exceptions. The Maryland law states that “any person may make a will if he is 18 years of age or older, and is legally competent to make a will”.

This basically means that any competent adult over the age of 18 can create a will.  However, most people tend to procrastinate when it comes to creating their estate plan. Estate planning can be an extremely difficult topic for many people. They must face their own death, and disability, and consider what life will be like for their loved ones once they are gone. These are not necessarily pleasant topics for most people. And since the end result of your estate planning will happen after you pass, you will never see how that planning gets carried out, making it that much easier to ignore. So even though you need only be 18 to create a will, many people well into their 60s and 70s have no planning at all. In fact, I have met clients in their 90s who are just beginning to address their estate plans. This then begs the question, is there ever a time at which it is too late to create an estate plan? To that client in their 90s, it is not too late. In fact, often some planning is better than none. However, the big caveat to the idea is that the person creating the plan must be competent.

Competency is loosely determined by whether or not the person that is  creating the will has a general understanding of their assets, can identify their family, and then can articulate how they would want those assets distributed upon death. If the person cannot articulate answers to these questions they may not be competent to create an estate plan whether they are 19 or 99. The answer then would be that is it never too late to create an estate plan, provided you are competent to do so.

Far too often I will receive calls from frantic family members that a loved one has developed a degenerative condition by which they are no longer able to make decisions, and they would like to explore their estate planning options.  By this point, it may be too late to create that plan.

If you have been procrastinating and have put off creating your estate plan, contact an estate planning attorney today to ensure that your wishes are carried out in the way that you would want them to be.

  • Author
  • Recent Posts
Jon J. Gasior, Estate Planning Attorney
Jon J. Gasior, Estate Planning Attorney
Attorney/Owner at Sinclair Prosser Gasior
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.
Jon J. Gasior, Estate Planning Attorney
Latest posts by Jon J. Gasior, Estate Planning Attorney (see all)
  • Helping Your Family Through Estate Planning - September 21, 2022
  • Estate Planning Scams - August 16, 2022
  • What is the Maryland Trust Act? - July 11, 2022

Filed Under: Estate Plan in Maryland

Other Articles You May Find Useful

Maryland Flag
What is the Maryland Trust Act?
Is My Estate Plan Still Valid If I Move To Another State?
Annapolis elder law attorney
Asset Protection Planning for Seniors
Should You Tell Your Kids if You’re Leaving Them Money in Trust?
Can I Contest My Father’s Will?
estate planning attorney
How Often Should I Meet with an Estate Planning Attorney?

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.

Primary Sidebar

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Testimonials

5 Stars
Client Review
September 3, 2020
    

We initiated estate planning following a presentation by Sinclair Prosser Attorney Jon Gasior. We were so impressed, we contracted with them to complete our estate planning. Subsequently, we assembled information on our assets and Sinclair Prosser Gasior did the rest. Correspondence was communicated to our financial institutions and the estate was established. We were very pleased with the courteous manner of the Sinclair Prosser Gasior staff. However, it was their professionalism that made us satisfied we chose this firm to handle our estate. We have nothing but praise for Sinclair Prosser Gasior .

default image
– Walter K.

Blog Subscription

Sign up for our blog to receive all of our latest estate planning news and updates!
  • This field is for validation purposes and should be left unchanged.

ANNAPOLIS

900 Bestgate Road
Suite 103, Annapolis, Maryland 21401
Phone: (410) 573-4818
Fax: (410) 573-2802

BOWIE

4201 Mitchellville Road
Suite 403, Bowie, MD 20716
Phone: (301) 970-8080
Fax: (410) 573-2802

MILLERSVILLE

1520 Jabez Run Rd
Suite 300, Millersville, Maryland 21108
Phone: (410) 573-4818
Fax: (410) 573-2802

WALDORF

Hamilton Centre II
3261 Old Washington Road, Suite 2020 Waldorf, MD 20602
Phone: 800-366-4615

Map

map for office

Footer

footer logo
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

The information on this Maryland Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

© 2023 American Academy of Estate Planning Attorneys| Privacy Policy | Contact Us | Disclaimer | Site Map