Estate Planning Attorney Serving Silver Spring, MD and Montgomery County

Silver Spring is one of Maryland's largest and most diverse communities. Many residents own property in more than one jurisdiction, have family members living overseas, or expect to inherit assets from another country. Others have accumulated substantial wealth through appreciating real estate, retirement accounts, investments, or family businesses. Those circumstances often require estate planning that goes well beyond a simple will.

Licensed MD, DC, VAFree Initial ConsultationMobile notaryDirect attorney access
$5M
MD estate tax threshold — frozen since 2019, no inflation adjustment
9–12 mo
Typical Montgomery County probate timeline
3 States
Our attorneys are licensed in MD, DC & VA

Maryland law overview

Estate Planning in Silver Spring: What Montgomery County Families Need to Know

Many Silver Spring families are also surprised to learn that they may owe Maryland estate tax even though they will never owe federal estate tax. Beginning January 1, 2026, the federal estate tax exemption increased to $15 million per individual, placing federal estate tax beyond the reach of most families. Maryland did not follow suit. The Maryland estate tax exemption remains $5 million per person, where it has remained since 2019, with estate tax rates of up to 16%. Maryland also imposes a separate inheritance tax that can apply even when no estate tax is due. Unlike the estate tax, which depends on the size of an estate, the inheritance tax depends on who receives the property. Transfers to spouses, children, parents, grandparents, and siblings are generally exempt, while transfers to nieces, nephews, unmarried partners, and many other beneficiaries may be subject to a 10% inheritance tax. Proper planning can often reduce or eliminate these taxes before they become a burden on your family.

International Estate Planning

Silver Spring's international community presents planning issues that many estate plans never address. If you own real estate or financial accounts outside the United States, have beneficiaries living abroad, expect to inherit foreign assets, or have family members who are not U.S. citizens, your estate plan should account for those circumstances from the beginning.

International estate planning often involves coordinating multiple legal systems, addressing foreign probate requirements, evaluating tax consequences, and ensuring that your estate planning documents work together across jurisdictions. We regularly advise clients with international families and help them develop estate plans that anticipate these complexities instead of leaving them for loved ones to resolve later.

Maryland Apostille Services

Many Silver Spring residents maintain personal, family, and business ties outside the United States. Whether you are purchasing property overseas, administering a foreign estate, applying for dual citizenship, getting married abroad, opening a foreign bank account, or using a Maryland power of attorney or other legal document in another country, you may need an apostille or other form of international authentication.

Our firm provides Maryland apostille services for individuals, families, and businesses whose documents will be used internationally. We prepare documents for authentication, coordinate with the Maryland Secretary of State, and, when necessary, assist with additional authentication through the U.S. Department of State and foreign consulates for countries that are not parties to the Hague Apostille Convention.

We regularly assist clients with apostilles for:

Revocable Living Trusts and Probate Avoidance

For many Silver Spring families, a Revocable Living Trust serves as the foundation of a comprehensive estate plan. A properly funded trust can avoid probate, preserve family privacy, provide continuity if you become incapacitated, and simplify the administration of your estate.

Trusts also allow assets to be managed for young beneficiaries, loved ones with disabilities, or beneficiaries who may need additional financial protection. For larger estates, trusts can complement strategies designed to minimize Maryland estate tax and preserve wealth for future generations.

Planning for Blended Families and Complex Family Relationships

Estate planning becomes increasingly important when families include children from prior marriages, unmarried partners, stepchildren, or loved ones with special circumstances. Without careful planning, Maryland law may distribute assets in ways that create unintended consequences or family disputes.

A customized estate plan can provide for a surviving spouse while protecting children from a previous marriage, establish trusts for vulnerable beneficiaries, preserve family businesses, and clearly express your wishes so that your loved ones are not left to resolve uncertainty after your death.

Planning for Appreciated Assets and Capital Gains

Many Silver Spring families have accumulated significant wealth through appreciating homes, investment portfolios, retirement accounts, or closely held businesses. Estate planning should address not only estate taxes but also the potential income tax consequences for your beneficiaries.

Coordinating ownership of appreciated assets, beneficiary designations, and trust planning may allow heirs to receive valuable income tax benefits, including a stepped-up basis where permitted by law. Considering both estate tax and capital gains planning helps preserve more of your family's wealth for future generations.

Wills, Probate, and the Montgomery County Courts

A valid Maryland will must be in writing, signed by the testator, and witnessed by at least two individuals as required by Md. Code, Estates & Trusts § 4-102. Without a valid will, Maryland's intestacy laws determine who inherits your property, often producing results that do not reflect modern family relationships or your personal wishes.

Probate estates for Silver Spring residents are administered through the Montgomery County Register of Wills in Rockville. While probate filing fees are relatively modest, the greater costs are frequently delay, public disclosure of family finances, and the potential for disputes among beneficiaries. Those concerns are among the reasons many families choose to incorporate revocable living trusts into their estate plans.

Montgomery County also has a unique probate system. Unlike most Maryland counties, it does not have a separate Orphans' Court. Instead, Circuit Court judges serve as the Orphans' Court. Because we regularly practice in Montgomery County, we are familiar with its procedures and can efficiently guide clients through probate and estate litigation.

Why a Proper Maryland Power of Attorney Matters

A power of attorney allows someone you trust to manage your financial affairs if you become incapacitated. Maryland law requires specific authority before an agent may make gifts, establish or fund trusts, modify trust arrangements, or change beneficiary designations—powers that are often essential to preserving an estate plan.

Financial institutions may also question or reject documents that do not comply with Maryland law. More importantly, if your agent lacks the authority needed to carry out your estate plan, important planning opportunities may be lost during a period of incapacity. We prepare comprehensive Maryland powers of attorney designed to work together with the rest of your estate plan.

Transfer-on-Death Deeds

Beginning October 1, 2026, Maryland homeowners may use Transfer-on-Death (TOD) Deeds to transfer real property directly to a named beneficiary outside of probate while retaining complete ownership and control during their lifetime.

For homeowners whose residence is their largest asset, a TOD deed can be an effective probate-avoidance tool. However, it does not reduce Maryland estate tax, provide incapacity planning, protect beneficiaries, or offer the flexibility of a properly drafted revocable living trust. We help clients determine whether a TOD deed should be part of a broader estate plan or whether another approach better serves their objectives.

Estate Planning Tailored to Your Family

No two families have the same goals. Some clients want to reduce Maryland estate taxes. Others want to avoid probate, protect children from a prior marriage, coordinate international assets, preserve family businesses, authenticate documents for use overseas, or simplify the transfer of wealth to the next generation.

At C&O Law Group, we take the time to understand your family, your assets, and your long-term objectives before preparing a customized estate plan designed to protect what you have built and provide peace of mind for those you love. Whether your planning involves Maryland property, international assets, or documents that must be recognized abroad, we are here to guide you through every step of the process.

Services

What we handle for Silver Spring clients

Wills & Last Testaments

Maryland's execution and witness rules are strict, and online templates miss them. We draft wills that hold up and reflect what you actually want — including provisions for non-traditional families and out-of-state or overseas assets.

Revocable Living Trusts

A revocable trust keeps real property and other assets out of probate and gives you control over how and when beneficiaries receive what you leave. It's worth weighing if you own a home, have a blended family, or have heirs whose situations are complicated.

Powers of Attorney

Maryland banks reject powers of attorney that lack the right statutory language. We draft financial and healthcare powers of attorney built to be accepted when your family needs them.

Estate & Probate Administration

For Montgomery County estates, proceedings run through the Register of Wills in Rockville, with contested matters before Circuit Court judges sitting as the Orphans' Court. We manage the filings, the deadlines, and the hearings, and we're comfortable with estates that have an international dimension.

Business Succession Planning

For Silver Spring's many small-business owners, we structure succession — buy-sell agreements, transfer mechanisms, and titling — so a company can keep running or change hands without a probate freeze.

Fractional General Counsel

Ongoing legal guidance for businesses that don't need a full-time lawyer — contracts, compliance, and issues handled before they become problems.

Why Silver Spring clients choose C&O Law Group

  • Montgomery County familiarity: We file with the Register of Wills in Rockville and know the county's unusual structure, where Circuit Court judges sit as the Orphans' Court.
  • Built for complex and cross-border families: Non-citizen beneficiaries, foreign assets, and unmarried partners are situations we plan for, not around.
  • Multi-jurisdictional practice: Licensed in Maryland, Washington D.C., and Virginia — useful for families with ties on both sides of the line.
  • Direct attorney access: You work with your attorney, not a rotating cast of paralegals.
  • Transparent flat-fee packages and mobile notary: Clear pricing quoted before engagement, and we can come to you.

Our attorneys are licensed in Maryland, Washington, D.C., Virginia

Your lawyer for estate planning in Silver Spring is Natalija Stamenkovic

Frequently asked

Estate planning questions

Yes, and it's worth planning carefully. Cross-border estates raise issues a standard will doesn't address: a non-citizen spouse doesn't receive the same unlimited marital deduction a U.S.-citizen spouse does, foreign assets can carry U.S. reporting obligations, and a will written abroad may not govern assets here. We build plans that account for the assets and the people on both sides of the border, and coordinate with foreign counsel where it's needed.
Without a plan, a great deal. Maryland's intestacy statutes don't recognize an unmarried partner as an heir, so your partner could inherit nothing by default. On top of that, an unmarried partner is not exempt from Maryland's inheritance tax and would owe 10% on what they do receive. Wills, trusts, beneficiary designations, and joint titling can fix both problems, but only if they're in place before they're needed.
Both, and it is the only state in the country with both. The estate tax applies above $5 million per individual at graduated rates up to 16%. The inheritance tax charges 10% on transfers to non-exempt beneficiaries — spouses, children, parents, grandparents, and siblings are exempt, while nieces, nephews, unmarried partners, and friends are not. For many families the inheritance tax matters more than the estate tax, because it's driven by who inherits rather than by the size of the estate.
A straightforward regular estate generally takes nine to twelve months, filed through the Register of Wills at 50 Maryland Avenue in Rockville. The estate has to stay open through the roughly six-month creditor claim period. Contested matters — heard by Circuit Court judges sitting as the Orphans' Court — can take longer. Working with an attorney who knows the county helps keep things from stalling on procedure.
No. A will directs who inherits, but it doesn't avoid probate. Anything in your name alone — a house, a solo account — still passes through the Montgomery County process. To keep assets out of probate you need a revocable living trust, beneficiary designations, joint titling, or, from October 1, 2026, a Maryland Transfer-on-Death Deed for real property. Most complete plans pair a will with one or more of these.

Client reviews

What our clients say

★★★★★

We turned to C&O Law Group to put a comprehensive estate plan in place, including a revocable living trust. This was especially important to us because we have a special needs child and also own a medical practice that we plan to pass down to our daughter. We needed a plan that would protect our child's long-term care while also ensuring a smooth transition of our business. The guidance we received was thoughtful, detailed, and clearly tailored to our family's unique situation. We now feel confident that everything is structured properly for both our children and our future.

— J.K., Montgomery County
★★★★★

C&O Law Group made the estate planning process straightforward and stress-free. Everything was explained clearly, and we never felt rushed or confused. Our wills, trust, and powers of attorney were prepared efficiently and thoroughly. We left the process feeling confident that our family is protected.

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Serving Silver Spring, Takoma Park, Wheaton, Kensington, Burtonsville, White Oak and surrounding areas

This page provides general information about estate planning under Maryland law and is not legal advice. Estate planning decisions depend heavily on your specific facts and circumstances. For advice on your situation, consult a licensed attorney.

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