To qualify for the VA Improved Pension benefits:

• The veteran must have served at least 1 day during a qualified war period.
• The veteran must have served at least 90 days of active duty.
• The veteran must have received a better than dishonorable discharge.
• The claimant must be over the age of 65 or permanently or totally disabled.
• The claimant must be a surviving spouse of a qualified veteran who did not remarry.
• The claimant or spouse must require assistance with daily living requirements.
• The claimant’s monthly medical expenses must equal or exceed their monthly income.

For more information, please call 443-393-7696 or complete the form below.

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Estate Planning is the process of giving your assets to who to want, the way you want, in the most efficient way possible. Estate Planning is not just for the disposing of assets, it is also a way to pass on your values and ideas – your intellectual capital, as well as lifetime beliefs, possibly multi-generational in nature, the things that you (and your ancestors) hold dear. Estate Planning is also for those persons who are interested in protecting their loved ones. Through the mechanism of Estate Planning, it is possible to protect against creditors, bad marriages, unwise behaviors, and predators.

We all need estate planning, and it is best practiced in a long-term, lifetime process. As laws and needs change, continuous education, planning and funding are essential. And, the decisions made regarding estate planning are among the most important decisions we make in our lifetime.

For more information, please call 443-393-7696 or complete the form below.

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Accredited VA planning attorneys are uniquely qualified to help clients with Veteran’s Benefits; they take a comprehensive approach, ensuring the client is protected. They manage the complexities associated with qualifying for the VA Improved Pension, while protecting clients from other financial hardships. The local law firm, Elville & Associates, led by Principal, Stephen R. Elville, J.D., LL.M., is a member of the Academy of VA Pension Planners. Therefore, as an accredited VA Planning Attorney, the firm:

• is legally obligated to act in the best interest of the client.

• must be knowledgeable of:

• current IRS rules and regulations and knows how IRAs can be problem assets
• how to draft the appropriate trust to allow an applicant to meet the asset requirement and preserve assets
• estate and gift tax implications for transferring assets

• can prepare:

• real estate documents to allow an applicant to meet the asset qualifications
• a Medicaid compliant caregiver agreement

• seeks long-term clients they can assist throughout their lives, rather than seeking commission sales
• cannot give a finder’s fee to a referral, but does give clients confidence and peace of mind

For more information, please call 443-393-7696 or complete the form below.

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For those who qualify, The VA pension can significantly improve the quality of life. The current maximum VA Pension amounts, based on claimant needs and marital/dependent status, range from $648-$2019 per month. To receive more detailed information on qualifying amounts, contact Elville and Associates Principal, Stephen R. Elville, J.D., LL.M. at 443-393-7696.

For more information, please call 443-393-7696 or complete the form below.

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1)  Provides a warm, empathetic approach and caring environment.
2)  Planning attorney is a counselor and not just a technician.
3)  Clients are provided with a unique estate planning or elder care experience and not just a transaction.
4)  Provides an interactive planning process in partnership with the client and with emphasis on client goals (not a paternalistic approach).
5)  Ensures financial advisor/CPA friendly approach with goal of inclusive total team effort; works in good faith with financial advisor and/or CPA to implement all appropriate solutions in best interests of the client.
6)  Timely and structured process – encourages clients to complete the planning process and discourages procrastination.
7)  Trust funding — planning attorney and firm’s funding coordinator oversee and ensure proper funding of all estate and elder law plans (client not abandoned with unfunded plan).
8)  Client education and understanding – to the extent possible, attorney ensures that client understands their estate planning documents and choices.
9)  Follow-up – maintains on-going contact with clients via annual continuing education and maintenance programs to encourage clients to meet with attorney at least once every other year, and facilitates client-planning attorney contact throughout the years via quarterly newsletter and other notifications.
10)  Value-added services – provides client access to latest in on-line document storage, and all available contemporary recommendations for “complete” planning.

For more information, please call 443-393-7696 or complete the form below.

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Tags: attorney, elder care, elder law, estate planning, planning attorney
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For decades, powers of attorney in Maryland were unregulated. However, that is no longer the case with Maryland’s new statutory power of attorney. Simply put, it is a form that is codified in the laws of Maryland which:

(1) clearly sets forth the responsibilities that your agent (your chosen trusted fiduciary) has to you, the principal (the person giving the power or authority to your agent);

(2) provides authority for a list of “interested persons” to petition the Circuit Court concerning the power of attorney document or the conduct of an agent;

(3) enforces the power of attorney’s acceptance by third parties; and

(4) provides for third party liability in the event of nonacceptance, including attorney’s fees and court costs.

As estate planning attorneys, we recommend two documents: the statutory ‘short’ form as a baseline power of attorney and the ‘supplemental’ power of attorney for optimal estate and elder law planning. If you have not yet updated your power of attorney documents, please do. The new law provides sweeping protections.

For more information, please call 443-393-7696 or complete the form below.

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While many varieties of estate planning are available, at Elville & Associates we do not practice the traditional 2-3 meeting planning process. Our approach is more comprehensive and long term. We need to:

• really get to know our clients to address their concerns
• thoroughly review all choices and planning options with the client
• understand the family’s individual dynamics
• develop initial estate planning drafts
• review the drafts with the client
• use feedback to make adjustments
• review the revised documents at least two times with the clie
• prepare, present and have clients sign the final documents and power of attorney
• understand and meet with clients to sign funding documents
• meet with the client’s family for a post-signing family meeting

Well developed, funded estate planning comprises 3 phases:

• Plan development and execution
• Continuing education, maintenance and updating throughout the lifetime
• Administration at death

Without this depth of process, the planning is one-dimensional, costly and often unsuccessful.

For more information, please call 443-393-7696 or complete the form below.

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Begin with a clear understanding. First, a gift is property irrevocably given or transferred without restrictions. The gift tax is a tax imposed on the transfer of gifted property during your lifetime, the value of which property exceeds the gift tax exemption.

The federal gift tax exemption for 2012 is $5,120,000. Thus, you may gift up to $5,120,000 of property during your lifetime without any gift tax due. However, that exemption amount is unified with the Federal estate tax exemption. Thus, if you gift $2,000,000 during your lifetime and you die in 2012, then you will have no gift tax due, but you will in essence have reduced your estate tax exemption to $3,120,000 (plus $13,000 per donee – to account for the annual exclusion from gift tax discussed below). In Maryland and the District of Columbia, as well as most other states, there is no state gift tax.

For more information, please call 443-393-7696 or complete the form below.

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By: Bridgette E. Becker,Esq.- bridgette@elvilleassociates.com, 443-393-7696

Did you know you can provide for your pets after you have passed away? Approximately 60% of households in the United States currently own at least one pet. Although many people may make informal agreements with family members or friends to care for their pets if they become incapacitated or pass away, we can now set up pet-specific trusts to care for them when you are no longer able to care for them yourself.

Estate planning attorneys draft Pet Trusts to ensure that your pets can be cared for pursuant to your wishes. Pet Trusts can be very extensive and may include provisions setting forth appointment of caretakers as well as guidelines for caretakers and care of your pets. These guidelines could include provisions addressing adoption or re-homing of pets, veterinary care, diet, or address any other wishes or concerns you may have regarding your pets when you are no longer able to care for them. Pet Trusts may be funded during your lifetime or at your death, depending on your preference. Finally, do not worry if you are unsure of how many pets you may have in the future when you may need a Pet Trust, these trusts can easily be drafted to include any pets you may have at the time of administration of the Pet Trust.

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The primary benefit in forming a corporation is the liability protection offered to the owners of the corporation. This liability protection is provided through the laws in place in the State of Maryland. In order to ensure that liability protection is fully enforceable to the extent permitted under law, it is important for corporations to comply with the requirements of corporations established under those laws. Some of these formalities include keeping minutes, having written Bylaws, and holding annual meetings of shareholders and/or directors. Failure to comply with the formalities associated with corporate ownership and operation creates a risk of loss of liability protection.

For more information, please call 443-393-7696 or complete the form below.

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