Avoid Family Disputes: Maryland Estate & Digital Asset Plan

Why Maryland Families Need a Modern Estate Plan

Clear instructions reduce stress, curb disputes, and keep decisions in your hands—not a court’s. A complete plan now addresses traditional property (homes, bank and brokerage accounts, business interests) and digital assets (email, social media, photos, domain names, crypto wallets, cloud files, and subscription libraries). Maryland recognizes fiduciary access to digital property under its version of the Revised Uniform Fiduciary Access to Digital Assets Act (ET §15-601 et seq.). Under RUFADAA, an online platform’s online tool selections (for example, a legacy contact or inactive-account setting) generally control access preferences and can override conflicting directions in legal documents (ET §15-602). Aligning your documents with these account-level tools helps your family act quickly and lawfully.

Core Maryland Estate Planning Documents

• Will: Directs distribution of probate assets and names a personal representative. In Maryland, a will generally must be in writing, signed by the testator, and attested and signed by at least two credible witnesses in the testator’s presence (ET §4-102).
• Revocable Trust: Provides continuity of management, privacy, and can help avoid probate for assets titled in the trust.
• Financial Power of Attorney: Authorizes an agent to act during your lifetime. Maryland provides statutory forms and requires proper execution, including acknowledgment and witnesses (ET §17-202; ET §17-110).
• Advance Medical Directive: Combines health care instructions and appointment of a health care agent. Maryland recognizes advance directives and provides a widely used state form and guidance (Maryland OAG form; HG §5-601 et seq.).
• Beneficiary Designations: Retirement plans, life insurance, and payable-on-death accounts typically transfer outside probate—keep designations coordinated with your will or trust.

Planning Specifically for Digital Assets

• Inventory: List email accounts, cloud drives, social media, e-commerce and subscription services, domain registrars, crypto exchanges, and self-custody wallets/hardware.
• Authority: Include explicit digital-asset powers in your will, trust, and powers of attorney referencing Maryland’s digital assets statute to help fiduciaries request content or records consistent with your privacy choices (ET §15-601 et seq.).
• Directions: Use each platform’s legacy or inactive-account tools (for example, legacy contacts, memorialization, or designated beneficiaries). Your selections can control access under Maryland law (ET §15-602).
• Access Methods: Store credentials securely (for instance, in a password manager with an emergency access feature, or sealed instructions held by your attorney or corporate trustee). Avoid placing raw passwords directly in your will.
• Crypto and NFTs: Document custody (exchange accounts vs. self-custody wallets), where seed phrases are stored, and who may access them. Consider a trust for continuity and privacy.
• Intellectual Property and Online Businesses: Address copyrights, monetized channels, domain portfolios, and ad revenue streams in your trust or will.

Coordinating Your Plan to Prevent Family Conflict

• Name the right fiduciaries: Personal representative, trustee, agent under power of attorney, and health care agent should be trustworthy and communicative. Consider a neutral professional for complex estates.
• Avoid inconsistent instructions: Align your will, trust, powers of attorney, advance directive, and beneficiary designations. Conflicts invite challenges.
• Document intent for sentimental and digital items: Photos, playlists, gaming accounts, and family archives can cause outsized disputes—state who receives what and who can access content.
• Communication: Tell fiduciaries where to find documents and inventories. Consider a family meeting to reduce surprises.

Probate and Small Estates in Maryland

Maryland offers multiple probate pathways, including standard and small estate procedures, depending on the type and value of assets. Proper titling and beneficiary designations may keep many assets out of probate. If probate is necessary, the appointed personal representative identifies assets and debts, provides required notices, and distributes property according to the will or law. Timelines and steps vary by estate type and local practice. For an overview of small estate procedures, see the Maryland Registers of Wills guidance (Small Estate Procedures).

Updating and Maintaining Your Plan

• Review after major life events: Marriage, divorce, birth or adoption, relocation, death of a fiduciary or beneficiary, major asset changes, or new digital platforms.
• Refresh digital directives: Revisit platform legacy settings and your digital inventory as services and security practices change.
• Fund your trust: Retitle assets to the trust and update beneficiary designations so your plan works as intended.

Frequently Asked Questions

Do Maryland fiduciaries automatically get my emails and messages?

No. Under Maryland’s RUFADAA, your choices on an online tool and your documented consent control. Custodians may provide records or content only as permitted by law and your directions.

Can my will give my executor access to my digital accounts?

Yes, if it contains clear digital-asset powers, but platform online tools may override the will for access preferences. Use both the legal documents and the platform tools.

How often should I update my plan?

Review every two to three years and after major life events, and refresh your digital inventory and legacy settings as platforms change.

Is a revocable trust required in Maryland?

No, but it can improve privacy, continuity, and administration, especially for complex or multi-state estates.

Practical Next Steps

• Gather key information: asset list, account statements, titles/deeds, beneficiary forms, and digital inventory.
• Choose fiduciaries and backups.
• Implement legacy settings on major platforms and store credentials securely.
• Meet with Maryland counsel to draft and execute documents meeting state requirements.

Ready to get started? Schedule a consultation.

Sources

• Maryland Code, Estates and Trusts, ET §15-601 et seq. (Fiduciary access to digital assets/RUFADAA)
• Maryland Code, Estates and Trusts, ET §15-602 (Online tools controlling disclosure)
• Maryland Code, Estates and Trusts, ET §4-102 (Execution of wills)
• Maryland Code, Estates and Trusts, ET §17-110 (Execution of power of attorney)
• Maryland Code, Estates and Trusts, ET §17-202 (Statutory form personal financial power of attorney)
• Maryland Office of the Attorney General – Advance Directive (state form and guidance)
• Maryland Code, Health–General, HG §5-601 et seq. (Health care decisions/advance directives)
• Maryland Registers of Wills – Small Estate Procedures

Disclaimer: This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Laws change and outcomes depend on specific facts; consult a Maryland attorney for advice about your situation.