Q: I made some mistakes. How will they hurt me?
A: In divorce cases, a party can get copies of your purchases, dining, travel information, texts, e-mails, phone calls, and driving and criminal records. Your credit card statements, bank accounts, and social media will be examined. This “discovery process” is daunting and tedious but essential and can make or break the case. Discovery helps find if hidden assets exist and provides information on your spending and social habits. It is hard to hide income, assets, or secrets from an experienced litigator. Be prepared and hire an attorney who can protect you!
Lauren A. Torggler Hillman, Brown & Darrow, P.A.
Q: What can I do to help my case before the judge?
A: While working for two judges, I learned that they value honesty and preparation. Judges are asked to determine credibility every day and are skilled in dissecting the truth from a party or a witness. They appreciate lawyers and clients who are well prepared. One of the most important lessons I’ve learned is to always come prepared and don’t try to hide the truth since a skilled attorney can unravel your “cleverness” quickly. Most judges have read the file and know your case before the trial starts. Trust your lawyer to bring out relevant facts and present them for your benefit.
Michael G. Von SaS Hillman, Brown & Darrow, P.A.
Q: My first lawyer said that I will get everything because my spouse cheated on me. Is that true?
A: False expectations are dangerous in a divorce. If you enter a divorce expecting to get everything, you will be disappointed. The law regarding dividing property is complicated and depends on multiple factors. Why the marriage ended is just one factor. You need a lawyer who understands the complexities and will not give you unrealistic hope. Also, a divorce is not the place to punish your spouse. The best outcome is to reach a fair resolution quickly and try to move on. Divorce is draining, emotionally and often financially. Having competent legal counsel helps get you through it.
M. Evelyn Spurgin Hillman, Brown & Darrow, P.A.
Q: What sort of estate planning issues arise from transferring a family business to the next generation?
A: Each situation is different, but a primary concern is control and governance: who will inherit voting power, and what rights will minority members have if they want to sell? These matters can typically be addressed through a shareholder or partnership agreement. A well-crafted estate plan will give minority owners the ability to exit the business without creating undue litigation risk or the threat of a forced sale. Income and estate tax concerns must also be addressed in the succession plan. Franke Beckett LLC brings both planning and litigation experience to the table in assisting business owners with their estate planning.
Jack K. Beckett Franke Beckett LLC
Q: What are the differences between a Revocable Living Trust and a Last Will and Testament?
A: Your Last Will and Testament (“Will”) provides for the distribution of your property when you pass away and designates a personal representative to handle the processing of your Will with the Registry of Wills, and manage the distribution of your property. A Revocable Living Trust acts like a Will in that it provides for the handling of your property at your demise, but the Trust is also effective and operative while you are alive including when you are incapacited. Your assets may become part of the Living Trust and are overseen by Trustees which you appoint, which may include yourself. For more information, call for a FREE CONSULTATION.
KENDALL SUMMERS, ESQUIRE Kendall Summers Law
Q: The pandemic is unpredictable. Should I draft a will?
A: The pandemic may have caused you to rethink many personal matters, including your estate planning. While there is light at the end of the tunnel, now is the time to prepare your will and power of attorney. It’s never too late to plan your medical and legal needs. Without a will, the state could determine who controls your assets. Isn’t it better for you to make the decisions about your assets? Don’t be penny wise and pound foolish. Take care of your family now. We’re ready to help provide peace of mind for you and your loved ones.
Brian D. Lyman Hillman, Brown & Darrow, P.A.
Q: My partner and I are not married, but we share a primary residence. Is there a way that we can leave our primary residence to each other without having to pay Maryland’s 10% inheritance tax?
A: Yes! If you and your partner are “domestic partners” as defined by Maryland law (at least 18, not related, not married to anyone else, and in a relationship of mutual interdependence), there is a way to structure that inheritance so that it is exempted from the 10% inheritance tax. In addition to meeting the definition you must complete an affidavit with accompanying documentation.
Deborah F. Howe Franke Beckett LLC
Q: To what do you attribute your being named “Maryland’s Attorney of the Year”*, and your firm being selected as the “Best Personal Injury Trial Firm – USA”?**
A: #1. A commitment to excellence -- from every member of The Jaklitsch Law Group. We want every client thinking: “Hiring The Jaklitsch Law Group for my car crash was the very best decision I ever made.”
#2. Phenomenal results; from trial or settlement. We are driven to exceed client expectations.
#3. Experience – in abundance. I’ve been in court almost every day for 36 years, trying nothing but car crash cases. Bob Farley and Christine Murphy, exceptional trial lawyers who get amazing results, are also on our team. The Jaklitsch Law Group is driven by our motto: “Be the Best!”
*AI Magazine and **Global Insight
Rick Jaklitsch The Jaklitsch Law Group | 1-(855)-Big-Dog1
Q: I am the owner of a small business. Now that there are COVID-19 vaccines available, can the company require all employees to be vaccinated?
A: In short, yes, employers may require employees to be vaccinated against the COVID-19 virus. This is subject, however, to ensuring the vaccination requirement is properly justified and implementing reasonable accommodations that may be required for certain employees under laws such as the Americans with Disabilities Act and Title VII of the Civil Rights Act. If an employee refuses or cannot get vaccinated because of a disability or sincerely held religious belief, and there is no reasonable accommodation possible, then it may be lawful to exclude the employee from the workplace or ultimately terminate the employee. The decision to require COVID-19 vaccination is unique to the circumstances of each employer. Qualified employment counsel can assist in sorting through the various considerations and ensuring any decision to mandate COVID-19 vaccination is made and implemented properly.
Michael J. Marinello Kagan Stern Marinello & Beard LLC
Q: Can a homeowners’ association put a lien on my house without filing a lawsuit or going to court?
A: Yes. In Maryland a condominium or homeowners’ association is only required to notify a homeowner in a letter of the association’s intent to create a lien. If the owner does not file a lawsuit in the Circuit Court objecting to the lien claim within 30 days of receiving the letter, the association can simply file a lien in the land records without any judge or jury ever verifying the debt claimed. If you have received a letter like this, it is critical that you act quickly to protect your property and your rights.
MATTHEW SKIPPER Skipper Law, LLC
Q: Will court backlogs due to the pandemic cause significant delays to separation, divorce, and custody cases?
A: The good news is that the courts have now resumed a normal operation schedule. While there is a slight delay in scheduling lengthy trials due to pandemic postponements, the courts are conducting many hearings such as scheduling conferences, pretrial conferences, and mutual consent divorce hearings remotely. Through this process the court has minimized delays and disruptions to the parties involved. If one is considering moving forward with a family law case, it is still important to be prepared with an attorney to begin the process and to best protect your interests and assets.
THOMAS J. FLECKENSTEIN The Law Office of Thomas J. Fleckenstein
Q: I am meeting with a lawyer to discuss a lawsuit; what should I do?
A: Prepare in advance a summary, including a chronology of relevant events and the identity of involved individuals. Bring copies of related documents. Be concise and to the point when you meet. Listen carefully. Ask questions. Take notes. Does the lawyer seem skilled in the particular area of law; do the opinions make sense to you; does the lawyer seem to be a good fit? Beware of a sales pitch. A good carnival barker may not be a good lawyer. If in doubt, look elsewhere.
RIGNAL W. BALDWIN SR. Baldwin | Seraina LLC
Q: Why should I use an attorney to prepare my Will when I can create my own Will using an internet service?
A: Various internet services certainly provide an opportunity to create your own Will. However, in many instances, when using such a service, unintentional mistakes will occur. If the mistake is revealed after your passing, your heirs could end up spending thousands of dollars in legal fees to rectify the mistake. Creating an estate plan that accomplishes your personal estate planning goals is very important. An attorney can help you to understand all relevant laws, including applicable tax laws, with the ultimate goal of creating a customized estate plan that works for you.
Maria Worthington McKenna Partner, Council Baradel
Q: How does a person who is about to become involved in a family law problem select the right lawyer?
A: 1) Start by checking the lawyer’s rating in Martindale-Hubbell, a publication which rates attorneys based on evaluations from one’s peers.
2) Inquire of friends who have been through a similar situation. 3) Inquire of lawyer friends you may have. 4) Ask people at the courthouse who work for the court in the family law division. 5) Confer with more than one lawyer to make certain that you are comfortable with the person selected. Lawyers are not “one size fits all.” Determine what you are looking for—super aggressive, cerebral, or warm and fuzzy. Look for someone who is responsive in getting back to you, who will not delegate duties to others, and who specializes in the issues that are likely to be involved in your case. This is a very important decision — select wisely.
RON NADITCH Ronald M. Naditch, P.A.
Q: If Iliff, Meredith, Wildberger & Brennan, P.C. represents me, will I continue throughout my matter to speak with an attorney who is working on my case when I contact the firm?
A: Yes. Iliff, Meredith, Wildberger & Brennan, P.C. is a small law firm, and we are selective in choosing the matters in which we will undertake representation. One of the reasons for this is that we are a client-friendly law firm at which at which our attorneys communicate directly with, and are accessible to, our clients.
Kathleen Howard Meredith Iliff, Meredith, Wildberger & Brennan, P.C.
Q: How do I determine which business structure is best for my company?
A: Determining your business structure requires the careful consideration of several key factors. In addition to deciding what legal form your business
will operate in, an owner must also understand how their business will be taxed at the state and federal level. From a legal perspective, the type of entity you use will dictate the level of risk or liability on your business and personal assets, as well as the flexibility the owners can take advantage of in the operation of the business. To make the best decision in each of these areas, you should consult with a business attorney who is experienced in determining the best strategies given your risk tolerance, ownership structure, operational requirements, and plans for funding.
Jonathan W. McGowan Liff, Walsh & Simmons
Q: What is the difference between a Power of Attorney and Executor?
A: The major difference is that a Power of Attorney is effective during your lifetime, and the Executor takes action after your death. A Power of Attorney is a document that names a person to act on your behalf during times of incapacity, granting that person (the agent) the power to manage financial affairs or make health care decisions for you. Upon death, any assets that were solely in your name are now administered by your Executor or Personal Representative. This person would be named in a Last Will and Testament.
Jon J. Gasior Sinclair Prosser Gasior
Q: Give me an example of why young couples should consider estate planning?
A: Minors can’t own property, so naming them as beneficiaries for life insurance and retirement benefits can lead to significant complications. For example, life insurance companies and retirement plan custodians won’t distribute assets to them directly. They will require that a custodial account be established in court until the child turns 18 or 21. As a result, extra cost will likely be incurred seeking the appropriate court order. Save the money by spending time with an experienced attorney to ensure estate plans are appropriately completed ahead of time.
RAYMOND E. BROWN, ESQUIRE The Law Office of Raymond E. Brown
Q: Will my bankruptcy appear in my credit report and how will it affect me?
A: A Bankruptcy will appear in your Credit Report for up to ten years BUT will typically discharge all your debts, leaving you debt free and with a much better score than you had. Where you then make timely payments, you can usually receive new credit within 10 months after a discharge and obtain a new Mortgage 24 months after discharge. Lenders make loans based on credit worthiness more than any other factor. There are exceptions, but you will probably have little difficulty in re-establishing credit.
CAMI RUSSACK RLC Lawyers & Consultants
Q: How are retirement savings and pension handled in divorce?
A: Maryland law provides that a court may order division of Marital Assets, which may include the marital portion of retirement savings such as those in IRA’s, 401(k)’s, 403(b)’s, TSP and like accounts, as well as the marital share of pensions. Generally speaking, what is relevant for the court to consider in a divorce is the “marital share” of such retirement or pensions, which generally means that portion of the retirement or pension earned or accrued during the marriage. Our courts do have authority under Maryland and federal law to issues orders that transfer retirement savings from one account to that of another pursuant to a divorce, as well as to divide a pension benefit subject to divorce. These can be complicated question, meaning you should seek the advice of legal counsel with respect to your specific situation.
KENDALL SUMMERS, ESQUIRE Kendall Summers Law
Q: Beyond criminal penalties, what sanctions can be imposed by the Motor Vehicle Administration if I have been charged with a drinking and driving offense?
A: The MVA may impose several different sanctions on an individual who has been arrested for driving under the influence of drugs and/or alcohol. These can include suspending a person’s driving privilege from six months to two years depending on your blood alcohol content and/or refusal of an intoximeter test. An individual can also be ordered to equip their vehicle with an ignition interlock device, commonly known as a “blow-and-go.” The administrative process is extremely complicated. Competent legal counsel is required to navigate through the intricacies of the MVA and, ultimately, help you obtain a positive outcome.
JESSE F. HICKS The Shipley Law Firm
Q: Will you need to file bankruptcy due to the impact from the Coronavirus? Are you unemployed? Behind on your rent, mortgage, or car payment? Do you have mounting medical or credit card debt? Did the Coronavirus pull the rug out from under you?
A: You’ve Got Options! There are major differences between debt consolidation, debt settlement, and bankruptcy. Bankruptcy is a legal proceeding for those that cannot afford to pay their debts. It enables a business or person to become debt-free by allowing them to get a fresh start. There is no greater time than now to get a free & confidential consultation to learn about your options. The Law Office of Andrea Ross remains open for business during the current Coronavirus (Covid-19) crisis and will continue to file new cases. It is important to stay calm and understand there are solutions available for people facing financial difficulty.
ANDIE ROSS, ESQ. The Law Office of Andrea Ross, (800) 758-9265
Q: If I file a bankruptcy case, can I keep my house and car?
A: The quick answer is almost always. Congress established the current Bankruptcy Laws in order to provide honest debtors with a fresh start. Most folks would not have much of a fresh start if the bankruptcy process resulted in the loss of the most important assets like the place to live and the way to get back and forth to work. So, whether we use the tools in Chapter 7, 11, 12, or 13 of the Bankruptcy Code, there are provisions in place to help almost every person keep those assets that are the most important. It is true that every case is different, and not every home or car can be saved, but the law can provide nearly every family/person some way to save these assets in a bankruptcy case. We are happy to evaluate your case free of charge. Just give us a call.
George R. Roles Attorney and Counselor at Law
Q: What should I do if I get into a car accident?
A: If you are involved in an auto accident it is very important to (i) call the police; (ii) exchange information with the at-fault driver getting insurance information, driver’s license number and tag number (with the advent of smart phones — it is super easy to simply take pictures of all of these things); (iii) take a picture of the property damage and the location of the accident; (iv) seek medical treatment, and (v) contact a lawyer.
John Leo Walter, Esquire Eastern Shore Legal®
