Is a Maryland living trust revocable by default?

For an instrument signed on or after January 1, 2015, yes: unless its terms expressly make it irrevocable, the settlor may revoke or amend it (Est. & Trusts § 14.5-602(a)).

How do I change a Maryland revocable trust?

By substantially complying with the method its terms provide or, where they provide none or the method is not expressly exclusive, by a later will or codicil that expressly refers to the trust or specifically devises its property, or by another method manifesting clear and convincing evidence of your intent (Est. & Trusts § 14.5-602(c)).

Does a Maryland revocable trust protect assets from creditors?

No — during the settlor's life its property is subject to the settlor's creditors (Est. & Trusts § 14.5-508(a)(1)). A couple's entireties property conveyed to their trust can keep the entireties immunity from either spouse's separate creditors on the statute's conditions (Est. & Trusts § 14.5-511).

The Maryland Revocable Living Trust, Explained

Wondering whether a revocable living Trust fits your situation? A free role check shows you where you stand.

Start the free role check

What a revocable living Trust is

A revocable living Trust is a legal arrangement you create during your life and can change or revoke at any time. You typically serve as your own Trustee while you're able, so day-to-day life doesn't change — but the Trust, not you personally, holds title to the assets you transfer into it.

What it does well in Maryland

Avoids probate for the assets the Trust owns, so they pass to your beneficiaries privately and without court administration.
Plans for incapacity — if you can't manage your affairs, your named successor Trustee steps in without a court guardianship.
Keeps your affairs private — unlike a will, a Trust is generally not filed in the public court record.
Lets you stay in control — you can amend or revoke it anytime while you have capacity.

What a revocable living Trust does NOT do

Because you keep full control, a revocable living Trust does not protect your assets from your own creditors, and it does not by itself reduce estate taxes. It is an administration and probate-avoidance tool — not asset protection. Protecting assets is a separate, fact-specific question for a Maryland attorney.

The step people miss: funding the Trust

A Trust only avoids probate for assets actually transferred into it — retitling accounts and property into the Trust's name. An unfunded Trust does little; this is why a “pour-over” will is used as a backstop, and why funding is worth reviewing with a Maryland attorney.

Is a revocable living Trust right for you in Maryland?

There is no single right answer — it depends on your assets, your family, and your goals, and many plans pair a Trust with a will and directives. This page is general information, not legal advice. A free role check can show you where you stand, and a Maryland attorney can recommend what fits your situation.

General information about Maryland law, not legal advice.

Frequently asked questions

Is a Maryland living trust revocable by default?: For an instrument signed on or after January 1, 2015, yes: unless its terms expressly make it irrevocable, the settlor may revoke or amend it (Est. & Trusts § 14.5-602(a)).
How do I change a Maryland revocable trust?: By substantially complying with the method its terms provide or, where they provide none or the method is not expressly exclusive, by a later will or codicil that expressly refers to the trust or specifically devises its property, or by another method manifesting clear and convincing evidence of your intent (Est. & Trusts § 14.5-602(c)).
Does a Maryland revocable trust protect assets from creditors?: No — during the settlor's life its property is subject to the settlor's creditors (Est. & Trusts § 14.5-508(a)(1)). A couple's entireties property conveyed to their trust can keep the entireties immunity from either spouse's separate creditors on the statute's conditions (Est. & Trusts § 14.5-511).

General information about Maryland law, not legal advice.