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Matthew F. Penater, Partner at Elville & Associates, Selected to 2016 Maryland Rising Stars List

By: Jeffrey Stauffer, Community Relations Directorjeff@elvilleassociates.com, 443-393-7696

Baltimore– Matthew F. Penater, Partner at Elville & Associates, has been selected to the 2016 Maryland Rising Stars list, his fourth consecutive year attaining the award. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement…

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Why You Should Have Estate Planning Documents in Place – Security in a Time of Crisis

By:  Olivia R. Holcombe-Volke, Esq.olivia@elvilleassociates.com, 443-393-7696

When utilizing a Revocable Living Trust-based approach for the estate plan of a married couple, an important first step is deciding whether to develop a Joint Revocable Living Trust – one Trust covering both spouses – or whether to create two individual Revocable Living Trusts, one per spouse. There is no blanket rule to apply to all couples or all estates, rendering a thorough discussion with your estate planning attorney necessary…

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Elder Law Planning for Long Term Care

By:  Verena Meiser, J.D.verena@elvilleassociates.com, 443-393-7696

As Elder Law attorneys we advise clients on a broad range of estate planning matters, including long term care asset protection. Concerns about how to finance care during periods of disability or old age are not only on the minds of our clients with limited means but also on the minds of those with assets up to about four to five million dollars….

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Stephen R. Elville, J.D., LL.M., Attends National Elder Law and Estate Planning Symposiums

By: Jeffrey Stauffer, Community Relations Directorjeff@elvilleassociates.com, 443-393-7696

Mr. Stephen R. Elville, principal and lead attorney at the elder law, estate and special needs planning firm of Elville and Associates, P.C., is attending The National Academy of Elder Law Attorneys Summit January 28-30 in Newport Beach, California. Hosted by the National Academy of Elder Law Attorneys (NAELA), this yearly elder and special needs law event engages attendees beyond a lecture by offering discussion, debate, and applications for the information provided in each session…

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A Primer on Guardianships – Part Two – Guardianship of the Person

By: David A. (Andy) Hall, Esq. – Elville and Associates – andy@elvilleassociates.com, 443-393-7696

Many times clients will come for an appointment with an elder law attorney because their spouse or parent is no longer able to communicate decisions about their health or person. This can be the result of a progressive condition such as Alzheimer’s disease, or from a sudden onset, such as a fall resulting in a traumatic brain injury (“TBI”). The consequence can be the same if the alleged disabled person (“ADP”) does not have a healthcare power of attorney (“POA”) or advance medical directive (“AMD”) in place. Many Americans do not have incapacity planning documents — which can result in a guardianship of the person situation…

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There Are Two Power of Attorney Forms in Maryland—Should You Have Both?

Authored by: Olivia Holcombe-Volke, Esq. – Elville and Associates 443-393-7696 olivia@elvilleassociates.com The Maryland Statutory Power of Attorney (MSPOA) is a literal creature of statute – it is in a form that is set forth by Maryland Estates and Trust Code Section 17-202. It is statutorily mandated to be accepted by receiving institutions – if wrongly …

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Estate Planning for Non-Citizens of the United States

By:  Verena Meiser, Senior Associate Verena@elvilleassociates.com, 443-393-7696 Non-citizens need to be aware that some of the estate tax planning techniques commonly used for U.S. citizens are not available to them. Here are just some of the estate and gift tax differences an estate planning attorney can address and provide guidance for. (1) Gifting between spouses …

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How an Inheritance May Affect A Special Needs Trust

By Lindsay V.R. Moss, Esq. — lindsay@elvilleassociates.com A Special Needs Trust is an important estate planning tool for persons with disabilities. A Special Needs Trust can allow for a disabled person to continue to receive public benefits while retaining a source of funds to pay for extra services and programs that government benefits do not …

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Ensuring Trust Terms Are Drafted To Maximize Income Tax Savings

By: Matthew F. Penater, J.D., LL.M. — matt@elvilleassociates.com For those of us who have established a trust, are a beneficiary of a trust, or are considering implementing a trust into our estate plan, the recent changes in trust income tax rates warrants our attention. If a trust is in existence, a review of the trust …

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Advantages of Having a Separate Retirement Plan Trust

By: Verena Meiser, J.D. – verena@elvilleassociates.com As you are planning how to leave your IRA, 401(k), 403(b) or other qualified retirement account to your spouse, children, or other beneficiaries, consider setting up a separate Retirement Plan Trust. Any trust that authorizes the trustee to handle withdrawal of assets from a retirement account and distribution to …

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