What is the difference between “fault” based grounds for divorce and “no-fault” grounds and why does it matter?
Of Maryland’s eight grounds for absolute divorce, only two, divorce based on a “12-month separation” and divorce based on “mutual consent,” are referred to as “no-fault.” While they don’t require you to prove fault, they only apply in certain circumstances. On the other hand, fault-based grounds, such as adultery and desertion, are often difficult to prove. The Maryland Legislature is currently considering doing away with fault-based grounds altogether and reducing the waiting time to file for a divorce. An attorney can advise you based on your particular circumstances.
Marietta B. Warren
Hillman, Brown & Darrow, P.A.
To prepare for the expense of long-term care, can’t I just give away my assets and qualify for Medicaid benefits?
Some people mistakenly believe that they can simply give away some or all of their assets to their children or other relatives in order to qualify for Medicaid. While part of Medicaid planning may involve giving away some of your assets, this has to be done with extreme caution and should only be done with the advice of an experienced elder law and estate planning attorney. If you give away your assets at the wrong time, or use the wrong method, you can face tough penalties.
Jon Gasior
Sinclair Prosser Gasior
I would like to give my residence to my children. What are the tax implications?
A lifetime gift of your residence may not be the best option if your residence has increased in value since you purchased it. If you make a gift, the recipient takes your basis in the property and will have to pay taxes on the gain if they sell in the future. If, however, you own your residence at your death (or have a life estate in your residence), your estate will receive a stepped up in basis to the fair market value. Because of this, the tax liability associated with the increase in value during your lifetime disappears.
Deborah F. Howe
Franke Beckett LLC
I am planning to sell my business. What can I do to ensure the process goes smoothly?
First, make sure your financial records are in good order. This will ensure the buyer can conduct an efficient review of your business. If your business is subject to any loans or lines of credit, confirm the payoff and lien release process with your lender. If your business leases commercial space, review your lease and engage your landlord early about the assignment process so you and the buyer have sufficient time to get consent to an assignment or to negotiate early termination of the lease. Lastly, retain counsel experienced in business transactions who can assist with the negotiations, document preparation, and closing.
Ryan Beard
Kagan Stern Marinello & Beard, LLC
What happens when a spouse takes or misuses Marital Money?
An Issue that can come up in a divorce/family law case involves the question of the possible misuse of Marital Funds or other property during the parties’ marriage to one another, such as the taking of marital money to pay for lavish vacations and uses outside of the marriage. Recent court decisions have affirmed that the Court in Maryland has the authority and may make an adjustment to compensate the injured spouse for the other spouse’s misuse of funds (termed a “Dissipation of Assets”) which generally means the use of funds for purposes outside of the marriage during a time of irreparable breakdown of the marriage and/or to reduce the amount of assets available to their spouse at distribution.
Kendall Summers, Esquire
Kendall Summers Law
What issues arise in planning for transferring a family legacy property or closely held business to the next generation?
Whether preserving legacy property, such as a farm or vacation home, or transferring a family business, the governance provisions are of equal or greater importance than other considerations. Such planning is a mix of tax, legal, and family considerations. Although each situation is different, a primary concern is control and governance: how will the decision-making power be handled, and what rights will minority members have if they disagree? To do it right, a successful plan needs to establish a governance plan that balances the legitimate concerns of all stakeholders. Franke Beckett LLC brings both planning and litigation experience to the table in helping families implement effective succession planning.
Jack K. Beckett
Franke Beckett LLC
What can a lawyer do for me if I’m injured in a car crash?
Your lawyer can do more than simply help you get the best monetary result possible. A great lawyer can assist with the property damage settlement on your car (or settling the total loss) and getting you into a rental car while you wait. The lawyer will interview witnesses while the accident is fresh, including the investigating police officer, obtain the light sequence from the State Highway Administration (or black-box data in a commercial truck crash), look for physical evidence, such as skid marks or crash debris, run tag traces, and more. Your lawyer will also coordinate paying the doctors either through health insurance or Personal Injury Protection Coverage (PIP) and arrange treatment with a quality doctor if needed, all while ensuring no immediate out-of-pocket payment is required from you.Your lawyer will also maximize the available insurance coverage available to you by coordinating different insurance policies that you may not even know exist, will know the value of your case for settlement purposes, can advise you on litigation strategy, and help you obtain the maximum value for your case. Remember, you should only pay if a lawyer wins your case. So contact a lawyer immediately who handles nothing but car, truck or train crashes if that’s how you were injured.
Rick Jaklitsch
The Jaklitsch Law Group | 1-(855)-Big-Dog1
How does a person who is about to become involved in a family law problem select the right lawyer?
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.
I was granted a final protective order. But it’s going to expire, and I still feel unsafe. Can I extend it?
Final protective orders can create a sense of calm when granted, but they don’t last forever. And it can be scary when the expiration date is near. Under certain circumstances, you are able to extend your protective order for certain periods of time. But it’s important to understand the timeline when you should do so. You need a lawyer who understands the complexities of extending a protective order to ensure that it’s done properly. It’s important to protect yourself and your loved ones, and hiring a lawyer who understands is always helpful!
Katie D’Entremont
Hillman, Brown & Darrow, P.A.
If I hire Iliff, Meredith, Wildberger, & Brennan, PC to represent me, will I be able to speak with my attorney throughout the entire case?
Yes. Iliff, Meredith, Wildberger & Brennan, PC, is a small, client-focused law firm. Every case is staffed by at least two attorneys. Our goal is to provide clients with ready accessibility to attorneys at all times. We work hard to ensure effective communication with clients from start to finish.
Kathleen Howard Meredith
Iliff, Meredith, Wildberger & Brennan, P.C.
Are you seeing an uptick in overtime suits by employees?
Yes! Many employers mistakenly believe that paying an employee a salary exempts them from paying overtime compensation. However, this is often not true. By default, all employees are entitled to overtime pay unless the business can prove that the employee falls under a specific exemption from overtime (hence the term “exempt employees”). Determining whether (and why) your employees are exempt is an important step to protecting your business from wage and hour lawsuits.
Susan Stobbart Shapiro
Council Baradel
We have come to an agreement regarding our divorce. Do I still need an attorney?
Congratulations on resolving your property matters. Hopefully, you were aware of all your rights, including retirement benefits (survivor benefits and social security), custody and visitation arrangements, child support, alimony and division of marital assets (including businesses, life insurance, and cryptocurrency profits), and who pays for college. Even if you have agreed on everything, an attorney should review the terms to ensure that your rights are protected and that all issues have been adequately addressed. Never enter into an agreement without being educated on the law and your rights.
Sarah E. Brown
Hillman, Brown & Darrow, P.A.
Do I need approval from my HOA for a home improvement project when the town or county has already given me a permit?
Generally, yes. If you live in an HOA, certain projects, such as a new swimming pool or guest house, will be subject to both the private restrictive covenants and public land use regulations. Private covenants include the restrictions established within the HOA’s Declaration or other governing documents. Public land use regulations are adopted by local legislative bodies, such as your Town Council. If you receive a government permit, you should still consult your HOA’s governing documents to determine whether approval from the HOA is also required. An experienced land use attorney can assist in interpreting covenants and obtaining necessary permits.
Anthony Kupersmith
McAllister, DeTar, Showalter & Walker, LLC
What is a mutual consent divorce?
“Mutual Consent” is one of two no-fault grounds to obtain an absolute divorce. Previously, parties were only eligible for a no-fault absolute divorce if they had been living separately for 12 months. This was burdensome, especially financially, for many people. Mutual Consent does not require separation. To be eligible for divorce based on mutual consent, the following criteria is required: 1) a written, signed agreement that resolves all issues between the parties (including alimony, property, monetary award, custody, and child support) and 2) neither party objects to nor has filed to overturn the agreement by the time of the divorce hearing.
Kelley Spigel
Zide Siegel Tabor Spigel, LLC
Did you know you cannot forbid your employees to discuss compensation with each other?
The Maryland Equal Pay for Equal Work Law prohibits employers from banning employees from discussing compensation. However, employers may adopt a written policy imposing workday restrictions on time, place, and manner of asking about pay as long as the policy complies with other federal and state laws. Among other things, this law also prohibits an employer from asking applicants about pay history. As a result, employers should remove questions about prior pay from applications. Additionally, employees who discuss with each other their compensation are generally engaging in “protected concerted activity.” Therefore, prohibiting employees from discussing their compensation may violate the NLRA.
Melissa McGuire
Liff Walsh & Simmons
What should I expect from my lawyer in litigation?
Litigation results after a lawsuit has been filed. While litigation can often be avoided, there are instances where the court has to be utilized. Competent legal counsel should advise you throughout the process. In advising you, your lawyer should not be a cheerleader; he/she should clearly communicate the pros and cons of the factual and legal landscape of your case. Litigation is unpredictable, but your lawyer should be able to advise you of the approximate costs and benefits in pursuing certain strategies in litigation.
Jeffrey P. Bowman
Bowman Jarashow Law LLC
What is “adverse possession”?
Adverse possession is a method whereby a person who was not the property owner obtains valid title to that property by demonstrating their control over the property for 20 years or more. Typically, the person claiming an interest in the property via adverse possession must exert actual control over the property such that others would believe that they own the property. For example, the person claiming to own the property must do something to demonstrate that they own the property, like cutting the grass or constructing a fence around it. However, it is important to note that acquiring title via adverse possession does not happen only with the passage of 20 years — a court must still analyze the facts and issue an order declaring that person the rightful owner of the property.
Josh Welborn
Liff Walsh & Simmons
With thousands of lawyers out there, how do I find the best lawyer to handle my car crash?
You wouldn’t hire a doctor who says “I handle dermatology, allergies, lung cancer and oh, by the way, I do brain surgery on the side.” Lawyers that limit their practice to car crash cases will most likely get much better results than lawyers who do not. We live and breathe those issues daily. Start there – find someone handling only the problem you have. Then check them out on-line, with a judge you may know, through MartindaleHubble.com (find lawyers with an “AV” rating), ask other lawyers, read client reviews, look in Faces of the Chesapeake Magazine, ask bailiffs or courtroom clerks who watch lawyers in court every day. Find lawyers that have built their reputations on trial results. Insurance adjusters know which lawyers will push hard for the best results and which will settle easily for less money. You need that information too.
Rick Jaklitsch
The Jaklitsch Law Group | 1-(855)-Big-Dog1
If I sue and win, can I recover my attorney’s fees?
I’m often asked by clients if they can recover attorney’s fees if we win. Generally, every party is responsible for their own fees. Some exceptions are certain domestic, consumer protection, and wage cases—where one party can be responsible for the other’s fees. The other main exception is where parties agree to it by contract. Review your contract carefully. A fee-shifting provision can be used as a sword or a shield and can be an incentive to sue or a deterrent, depending on the strength of your case.
Jonathan E. Pasterick
Hillman, Brown & Darrow, P.A.
How do I save my family from a messy difficult estate process when I pass?
Estate planning is really an act of love and care for you and your loved ones, that helps ensure that your desires for your estate are fulfilled and also brings peace and ease in what can be a difficult process. Having your papers together, such as your Will, Powers of Attorney, Advance Directives, in some cases Trusts, and the careful titling of assets and beneficiary designations in your estate planning, brings order in chaos and healing in a difficult time. We love helping our clients take care of those they love, and we would be happy to spend some time with you and your family exploring the options to best meet your needs and those of your loved ones. We do visit hospitals and homes when the situations warrant, and look forward to hearing from you.
Kendall Summers, Esquire
Kendall Summers Law
How long will it take me to get divorced?
It depends on the issues present in your case, and what jurisdiction you file in. For instance, in Anne Arundel County if you and your spouse have no minor children, the Court will place your case on a shorter schedule with an Alternate Scheduling Order. Of course, the larger and busier the jurisdiction, the longer the case will take to be heard. Generally, the time a case is filed in Court until an initial Merits Trial is scheduled should take between 8 and 18 months. The best and fastest way to resolve a divorce case, though, is to negotiate a full settlement of all issues, and proceed by way of a Mutual Consent Divorce. Regardless of the jurisdiction, once a written agreement that settles all issues is executed, you can get divorced almost immediately.
Thomas J. Fleckenstein
The Law Office of Thomas J. Fleckenstein
Will my bankruptcy appear in my credit report and how will it affect me?
In most cases, Bankruptcy will typically discharge all your debt liability, leaving you a much better Credit Score and out-of-debt after your discharge. When you then make timely payments, you can usually receive new credit at good rates within 10 months and obtain a Mortgage after two years. While the Bankruptcy will be listed on your Credit Report, Lenders make loans based on Debt Ratio, Income & credit worthiness. There are exceptions, but you will probably have little difficulty in re-establishing credit.
Cami Russack
RLC Lawyers & Consultants
What is enhanced UIM?
Enhanced UIM is coverage on your policy that protects you if the at fault driver has a lower policy than what you carry. You must tell your insurance company you want to OPT IN for this coverage. It is typically a minimal cost. This “enhances” or increases your coverage, so that you have more insurance coverage to protect YOU if you are injured by someone else’s carelessness. So, call your insurance carrier today, and ask to “enhance” your coverage and protect your loved ones.
Deborah Potter
Potter Burnett Law
How often should I update my will or estate plan?
Life changes every day. Babies are born, people get married and divorced, new relationships are developed, old relationships may sour. We suggest using our annual planning checklist to determine if your will needs updating, each year. If your will is not updated, your wishes may be a far cry from a document you drafted years ago. So, it’s important to update your will whenever your lifestyle, family members, relationships, real estate or other circumstances change.
Tara Frame
Frame & Frame Attorneys at Law
What is premises liability?
Generally, premises liability is when someone is injured as the result of a property owner’s negligence. Premises liability arises out of multiple situations; dog bites, lead paint, drowning, negligent security, as well as slips, trips or falls. A property owner’s responsibility to pay for personal injury damages depends largely on the type of property owner it is – i.e., commercial or private. The laws governing premises liability are complicated. If you have been injured on someone’s property you should contact an attorney immediately – evidence is often fleeting, and time is of the essence.
John Leo Walter, Esquire
Eastern Shore Legal®
If I file a bankruptcy case, can I keep my house and car?
The quick answer is almost always. Bankruptcy Laws provide honest Bankruptcy filers 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. Filing in Chapter 7, 11, 12, or 13 of the Bankruptcy Code, provisions allow almost every person to keep assets that are most important to them. It is true that every case is different, and not every home or car can be retained, but the law can provide nearly every family/person some way to keep these assets in a bankruptcy case. We are happy to evaluate your case free of charge. Just give us a call.
George R. Roles
RLC Lawyers & Consultants
I may buy a house on or near the Chesapeake Bay. Do I need an attorney?
In 1984, Maryland adopted a set of regulations called the Critical Area Law (“CAL”), which regulates everything within 1000’ of mean high water or tidal wetlands. The CAL restricts types of development and activities that could occur elsewhere. A good attorney will be able to answer questions and quickly determine if legal assistance is needed (at no charge). If you are considering buying a property in the Critical Area or have already done so and plan to work on your property, reach out to a qualified attorney for more information to make sure you know what your limitations are.
Brendan Mullaney
McAllister, DeTar, Showalter & Walker, LLC
