Legal Question in Wills and Trusts in Maryland

All good questions. I cannot answer the tax questions -- only a CPA or accountant should answer tax questions. With that said, it is GENERALLY thought that a JTRS deed is an easier, better way to go than leaving property through a will. For one, the deed automatically transfers upon your death, so if your partner is living with you, he doesn't face getting kicked out until the Courts can make a decision. Also, the deed is tougher to contest than a deed -- if your partner's family doesn't like the fact that you are getting this house, beware. With that said, if you put him on the will now, you can't do anything with the property without his consent. If things go south in your relationship, only he can give the property back -- you would not be able to take it back. I would strongly recommend that you hire an estate and trusts attorney in Maryland to discuss the specifics of your case.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

Without regard for any county requirement that you use an attorney for this transfer, I strongly recommend you consult with an attorney prior to making this transfer, if only to ensure you understand all the legal ramifications. There might also be other means to ensure the desired outcome without making a present transfer. I understand that estate planning and providing for your partner is much more difficult in same-sex relationships, and can be a bit more sensitive as well. Sadly, some people's lack of acceptance of such relationships can also lead to more challenges to the estate plan after death. Considering all these factors, if you want to make sure you do it right and that you can be confident your partner is provided for in the event of your death, you should consult with an estate planning attorney rather than doing this on your own. The cost would likely not be great, and the peace of mind will be well worth it. Good luck. Feel free to email ([email protected]) if you have any follow up questions.