By: Matthew F. Penater, Esq., Partner – Elville and Associates, matt@elvilleassociates.com, 443-393-7696

The first time most people think about getting a Will is when they have their first child. The common thought is “Who will raise our kids should both parents pass away?” This is a legitimate and serious concern. Naming a person or persons to serve as Guardian of your minor (under 18) children is of paramount importance…

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Posted in Blog | Comments Off on Back to the Basics – Trusts for Minors

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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Posted in Blog | Comments Off on For Married Couples, Should You Develop a Joint or Individual Revocable Living Trust?

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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Tags: estate planning, estate planning attorney
Posted in Blog | Comments Off on Why You Should Have Estate Planning Documents in Place – Security in a Time of Crisis

By: Jeffrey Stauffer, Community Relations Director – jeff@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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Tags: elder law, estate, special needs planning
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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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Tags: guardian, guardianship, guardianship of the person, guardianships
Posted in Blog | Comments Off on A Primer on Guardianships – Part Two – Guardianship of the Person

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 […]

Tags: power of attorney
Posted in Blog | Comments Off on There Are Two Power of Attorney Forms in Maryland—Should You Have Both?

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 […]

Tags: inheritance, special needs trust
Posted in Blog | Comments Off on How an Inheritance May Affect A Special Needs Trust

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 […]

Tags: capital gain, income tax, tax, trust
Posted in Blog | Comments Off on Ensuring Trust Terms Are Drafted To Maximize Income Tax Savings

By: David A. (Andy) Hall, Esq., andy@elvilleassociates.com Potential clients will often come into our office because their loved one is no longer able to manage their financial affairs or health […]

Tags: advance medical directive, financial power of attorney, guardianship, guardianships, incapacity planning
Posted in Blog | Comments Off on A Primer on Guardianship — An Introduction

By: Olivia R. Holcombe-Volke, olivia@elvilleassociates.com Estate planning documents frequently contain vocabulary that is specific to the field of estate planning, and not commonly used by the world at large. The […]

Tags: estate planning, trust, will
Posted in Blog | Comments Off on Estate Planning Vocabulary