In 2016, the great American singer, songwriter, musician, record producer and filmmaker, Prince, passed away without a Will. In 2018, American singer, songwriter, civil rights activist, actress and pianist, Aretha Franklin, also passed away without a Will. You start to wonder how many times, if any, these music greats, along with many others, were told of the importance of having their Will drafted and subsequently executed.


I’m sure there was no better feeling than buying your first car or your first home. But what happens to all the assets we accumulate throughout our lives when we pass away? I know, it is probably something you don’t want to think about but in fact, you should.


The Maryland Courts define a Will as “a signed, written statement describing how a person wants his or her property owned in individual name to pass at death, which, if executed in accordance with the requirements of Maryland law, will be enforced by the courts.”


When asked whether you have a Will, is your response, “yes, I printed this form from online and wrote my wishes on it?” If that is your answer, raise your hand! What would your response be if you were asked whether the Will was signed by two witnesses in your presence while you signed the Will? If your answer is “no,” raise your hand again!


The Maryland Courts state the requirements of a valid Will to be “in writing and must be signed by the individual making the Will…The Will must be witnessed by at least two credible witnesses who must sign the document in the presence of the maker of the Will.” So, a lot of times, we as attorneys, tend to have to tell clients that the “downloaded from online Will” that they have had for the last few years was never actually valid if they personally did not sign it or have at least two witnesses sign it in their presence.


Think back to buying your dream car or dream home. You want to protect those investments in the event of your passing, right? Well, what happens if you pass away intestate (without a Will)? What happens to all your accumulated assets?


For example – Mary purchased thousands of dollars’ worth of beautiful diamond necklaces. She always knew that when she passed away she would give those necklaces to her lifelong friend, Jo Marie. Unfortunately, Mary never told anyone her wishes and passed away unexpectedly and intestate. If Mary had a Will, she could have specified, “I give and bequeath unto my friend, Jo Marie, all of my beautiful diamond necklaces.” But since Mary did not have a Will, what happens to her beautiful necklaces? Instead of Mary’s wishes controlling who her property will be distributed to, the laws of intestacy will apply. 


Even if Mary wanted to give her diamond necklaces to her sister, who would be considered an heir-at-law, someone like Mary’s daughter or husband would take priority (under the laws of intestacy) over Mary’s sister. Had Mary died testate (with a Will) she would have been able to designate who received her diamond necklaces at the time of her death. The same is true for all of us and our prized possessions.


A misconception that many clients have about drafting a Will is that whatever property or items they designate to be distributed to persons essentially means that they can no longer personally do anything with those items while they are still alive. A Will only comes into effect upon death. That means that even if Mary had a Will and designated her diamond necklaces to be distributed to her friend, Jo Marie, Mary could still sell those diamond necklaces or give those necklaces away to someone else prior to her death. She can do whatever she wants with her property while she is still alive.


Celebrities like Prince and Aretha Franklin accumulated so many properties and assets over the course of their careers. It is shocking that two people who worked hard to achieve so much would not have their Will drafted and executed. But, you do not have to be a celebrity with millions of dollars and hundreds of properties to create a Will. If you have just one thing or multiple things, protect them. Find a place for them after you pass away. Have your Will drafted and signed. Be prepared for the inevitable!