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Common questions answered by our legal experts.
Is Maryland now a “No Fault” Divorce State?
Actually – YES. In Oct 2023, Maryland made some major revisions to its divorce laws.
Specifically, the legal grounds for divorce were changed from fault grounds (like adultery, vicious conduct etc.) to three non-fault grounds: (1) “Consent” where the parties have created a Marital Separation Agreement (MSA) resolving all issues; or (2) a 6-month Separation (now including separate living in the same house); or (3) for Irreconcilable Differences. The realities of unkind and harsh treatment, adultery, etc can still be considered by a court in its consideration of property division and alimony support, however. Overall these changes seem to be promoting a less hostile and contentious divorce process. Call us if you would like to learn more!
Kendall Summers, Esquire, Kendall Summers Law
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.
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.
Benjamin Howard Meredith: Iliff, Meredith, Wildberger & Brennan, P.C.
What steps can families take to protect seniors from financial exploitation and ensure their assets are secure?
Financial exploitation of seniors is an unfortunate reality, but there are proactive steps families can take to protect loved ones. Regularly reviewing financial statements for unusual activity, creating alerts for large transactions, designating a trusted person with power of attorney, and educating older adults about common scams are crucial protective measures. Implementing legal tools like trusts can provide added layers of oversight. If less-restrictive means are not sufficient, guardianship may become necessary. The key is early intervention, vigilance, and protection against unauthorized access to assets. Consulting an elder law attorney can help you develop a plan to safeguard your loved ones.
Matthew A. Pearl: McAllister, DeTar, Showalter & Walker LLC
Why should trial counsel, already familiar with a case, consider hiring an appellate attorney for an appeal?
In addition to timesaving familiarity with appellate procedure and practice, one of the key benefits of an appellate attorney is a detached, critical analysis of the trial record. Unlike trial, where emotional involvement in a case is normal, and oftentimes necessary, emotion is generally unhelpful on appeal, because the audience is different. Though trial may have resulted in emphasis on a certain argument, appellate counsel can help trial counsel determine which arguments and issues from trial are strongest on appeal, or whether a new perspective on an old issue is necessary, all without bias for or against any issue.
Matthew J. Chalker, Bowman Jarashow Law LLC
How can I make my investment portfolio tax-efficient?
To maximize tax efficiency, first, leverage tax-advantaged accounts like 401(k)s, IRAs, and HSAs. Then, optimize account allocation by placing tax-inefficient assets, such as bonds and REITs, in these accounts while keeping tax-efficient investments like ETFs and stocks in taxable accounts. Consider using tax-loss harvesting to offset gains by selling underperforming assets. Lastly, explore Roth conversions if beneficial, moving funds from a traditional IRA or 401(k) into a Roth IRA to reduce future tax burdens.
Greg Karanzalis, Connect Wealth: Wealth Planner, Partner
I am under contract on a home. What is title insurance and do I actually need it?
Yes! For most people, a home is the single largest investment they will make in their life. For a one time fee at settlement, owner’s title insurance protects your property rights for as long as you or your heirs own your home. There are many hidden issues that may pop up after your home purchase. Getting an owner’s title insurance policy is the best way to protect yourself from unforeseen legal and financial title discrepancies. Unexpected issues that could arise include: (1) outstanding mortgages and judgments or a lien against the property because the seller has not paid taxes; (2) pending legal action against the property that could impact you; or (3) an unknown heir of a previous owner who is claiming ownership in the property. You insure everything else that is valuable to you – your life, car, health… the same should apply for your largest investment!
Lee Ann Adams, Council Baradel
I would like to leave assets to my partner, but we are not married. Will my partner have to pay inheritance taxes?
Because of a recent change in Maryland law, your partner will not have to pay inheritance taxes if you have filed a Declaration of Domestic Partnership with the Register of Wills. To qualify, you and your partner must be 18 years of age or older, live in Maryland, be each other’s sole domestic partner and in a committed relationship with each other, and be unmarried.
Deborah F. Howe, Franke Beckett LLC
How do I protect my children financially when I get remarried?
Congrats on your upcoming marriage. It’s smart to make a plan to protect your children’s financial well-being. Two common ways to do this include updating your estate plan to reflect your wishes for your children’s inheritance/creation of trusts and having a prenuptial agreement. While no one wants to talk about a prenup, it’s like car insurance. You hope you never use it, but it’s there to protect you during unforeseen circumstances. At HBD, we can assist you with estate planning and a prenuptial agreement to safeguard your children.
Sarah E. Brown, Hillman, Brown & Darrow, P.A.
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. 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. This is typically a minimal cost, and your health and a full recovery are worth it.
Deborah Potter, Potter Law
How can Advanced Planning Strategies benefit me and my loved ones?
Advanced Planning Strategies offer powerful benefits for you and your loved ones. These strategies help minimize taxes. The estate tax exemption is currently at a remarkably high rate and may be lowered at the end of 2025. Acting now can save you and your loved ones from paying estate tax. With the right plan in place, you can preserve your legacy, reduce stress for your family, and gain peace of mind knowing your future is secure.
Alex Pagnotta, Sinclair Prosser Gasior: Managing Attorney
I am a GC on a construction project, and one of my subcontractors has poorly performed its scope of work. What option do I have?
It will largely depend on the terms of the contracts in place - both the owner contract and the contract with your subcontractor. Best practice is to have written contracts and for each to specifically identify and reference relevant construction standards that will guide the project, in addition to clear remedy, notice, and dispute resolution provisions. Working with an attorney experienced in construction matters will ensure a strong base contract, but also realize that one size does not fit all. It is always advisable to consult with your counsel prior to and during each project as needed.
Patrick Daley, Kagan Stern Marinello & Beard
What key provisions should a landlord prioritize when negotiating a commercial real estate lease?
Landlords should focus on lease provisions that protect their investment and ensure consistent cash flow. Items to prioritize in the negotiations include rent structure (base rent and escalations), lease term and renewal options, responsibility for operating expenses (triple net vs. gross lease), maintenance obligations, and remedies for a tenant default. Additionally, it is critical to outline use restrictions and assignment rights, which will determine how the space is used and whether the tenant can free transfer the lease or sublease a portion of the space. Clear, well-negotiated lease terms reduce disputes down the road and help preserve property value.
Jonathan W. McGowan, Liff, Walsh & Simmons: Partner
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
Why doesn’t the court consider why our marriage ended?
Welcome to the modern legal system! Courts no longer consider moral issues in granting divorces but follow the new no-fault legislative guidelines. While causes of a breakup may factor into claims for alimony, division of assets, or attorney’s fees, judges weigh evidence differently. Some courts consider adultery a symptom of the breakup, not necessarily the cause. You need to learn about the grounds for divorce, the cause of the breakup, and what the court considers when granting custody, support, and division of assets. An attorney can educate you on the possible outcomes and how to prepare. Understanding what a judge can and might do is the key to a good resolution.
Samuel J. Brown, Hillman, Brown & Darrow, P.A.
How has your experience as a law clerk prepared you for your role at HBD?
As a law clerk for the Circuit Court of Anne Arundel County, I researched laws to assist the judge in making decisions and preparing for trials. I analyzed cases, reviewed pleadings, observed top attorneys, and refined my writing skills. As the newest associate at HBD, I apply that experience to cases involving business, commercial, and administrative law, while also assisting in other practice areas. With the mentorship of my colleagues and the trust of our clients, I’m prepared to take on any legal challenge.
Connor M. Noel, Hillman, Brown & Darrow, P.A.
What is the biggest legal mistake businesses make?
There are several legal pitfalls that business owners can encounter, from employee issues to tax issues to operational issues. But the biggest one I see is the failure to have an exit strategy. Businesses are like marriages. In the beginning, everyone is happy. But like marriages, businesses don’t always end well. An airtight buy-sell agreement is critical to ensure that owners are treated fairly and that they treat the business fairly. At HBD, we strive to protect you while your business is operating or if it hits hard times and someone wants to leave.
Jonathan E. Pasterick, Hillman, Brown & Darrow, P.A.
What is our approach to estate planning?
Estate planning helps achieve two main goals: ensuring your care and managing assets if you become incapacitated, and making the distribution of assets after passing smooth and clear. We work closely with clients to define their priorities and create simple, effective plans that support loved ones and those entrusted with responsibilities. Clear communication and thoughtful planning are acts of love—making it easier for others when it matters most. We’re here to help you Get Your Ducks in a Row!
Kendall Summers, Esquire, Kendall Summers Law
Is it ever possible to change or modify an “irrevocable” trust?
In general, an “irrevocable” trust is a trust that cannot be changed or terminated by its creator (the “grantor”). These types of trusts are popularly used for tax planning or creditor protection purposes, and the trust’s irrevocability helps accomplish those objectives. However, in limited circumstances, the terms of an irrevocable trust can be changed. For example, a court can modify the trust’s terms, or in certain circumstances, Maryland’s new Decanting Act permits transfer of the existing trust assets to a new trust.
Jack K. Beckett, Franke Beckett LLC
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
What are the key considerations when retiring from my health care practice?
The best transition plan for a well-run practice ideally begins years in advance by identifying potential successors and drafting a buy-sell agreement that provides for fair buy-out procedures, valuation, and payment terms. Planning in advance will gain buy-in from your successors, provide a smooth transition, and ensure a peaceful retirement. Some considerations include, but are not limited to, transitioning patients and patient files, obtaining malpractice extended reporting endorsement (“tail” coverage), addressing life insurance policies, obtaining releases of personal guarantees, understanding non-compete agreements, addressing accounts receivable, addressing owned real estate utilized by the practice, and complying with existing corporate documents.
Edward H. Scheirer | McAllister, DeTar, Showalter & Walker LLC
