T&E Solo Pack · Maryland · Week Of May 25, 2026

Maryland.

Your state's pack. New issue every Monday. Bookmark it. I built this for the Maryland T&E solo who knows the Estates & Trusts Article cold but still loses an afternoon a week tracking the moving Medicaid pieces.

For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.

MD
Maryland · Old Line State
UPC — No (own Estates & Trusts code)
Community Property — No (common law)
LTC — Maryland Medicaid (MDH)
Estate Recovery — Probate-only
T&E Solo Pack Built for Maryland attorneys
The Big Three · Week Of May 25, 2026

Here's what I'd want you to see from last week.

Three developments I think actually matter to a Maryland T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.

01

Maryland Medicaid estate recovery still reaches only the probate estate.

Maryland does not use expanded recovery — the Department of Health (MDH) can claim only against assets that pass through probate, and only for recipients 55+ or those who received institutional/LTC services.

This is the structural fact a Maryland plan is built around: keep the home and key assets out of probate (funded revocable trust) and you keep them out of MDH's reach. The unfunded trust is the malpractice trap.

Md. Code, Health-Gen. § 15-121 & 42 U.S.C. § 1396p · health.maryland.gov

02

Maryland has a new real-property TOD deed (enacted, Chapter 750) — SB 651 (2026) passed both chambers unanimously.

SB 651 (Real Property — Transfer-on-Death Deed — Establishment) passed the Maryland Senate 43-0 on March 23, 2026 and the House 133-0 on April 10, 2026. The bill establishes a recorded TOD-deed framework, exempts TOD deeds from recordation and transfer taxes, and is structured to take effect October 1, 2026. Signed by the Governor May 26, 2026 as Chapter 750.

Maryland's probate-avoidance toolkit for real property expands beyond the funded revocable trust and joint tenancy to include a recorded TOD deed. Re-paper your Maryland real-property planning workflow this fall; before the effective date, the funded trust remains the only non-probate residential conveyance vehicle.

Md. SB 651 (2026 RS) · mgaleg.maryland.gov/2026RS

03

The 2026 federal figures are set.

Maximum CSRA is $162,660 (minimum $32,532); Maryland applies the standard $752,000 home-equity limit (not the higher tier).

Two places this lands: community-spouse protection math and high-value-home clients. Flag the 2028 H.R. 1 flat $1,000,000 home-equity cap now.

42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)

Week Of May 25, 2026

This week.

This week in Maryland for the T&E solo with Medicaid-planning clients: what the Maryland State Bar, the General Assembly, and MDH put in front of you.

The MSBA Estate & Trust Law Section, the General Assembly bill tracker, and the MDH Medicaid bulletins all publish on different schedules. This is that sift, already done, with the link on each item.