By: Verena Meiser, J.D., verena@elvilleassociates.com, 443-393-7696 Throughout history, people have protected assets from creditors and confiscation by giving title to their property to a trustee, who was a trusted individual or group of individuals. The trustee agreed to follow their oral or written instructions on how to hold and administer the trust property. An important …
News
Voting Rights of Disabled Persons Under a Guardianship
By: James M. Dore, J.D., jim@elvilleassociates.com, 443-393-7696 As we look back on the tumultuous 2016 Presidential campaign and election, we are reminded of the importance of that most fundamental of civil rights afforded us as citizens of these United States—the right to vote. As you may pause to reflect on this precious right, you may …
Stephen R. Elville Presents on Topic of Psychiatric Advance Directive at NAMI Maryland Annual Conference
By: Jeffrey D. Stauffer, Community Relations Director – jeff@elvilleassociates.com, 443-393-7696 On October 14th, Mr. Stephen R. Elville, principal of Elville and Associates, presented the topic of “Exploring the Nuances of the Advance Directive for Mental Health Treatment” at the National Alliance on Mental Illness Annual Conference at Shepherd Pratt Conference Center in Towson, Maryland. The presentation educated the …
Contemporary Trends in Estate Planning – Plans that Work
Authored by: Stephen R. Elville, J.D., LL.M. — steve@elvilleassociates.com, 443-393-7696
There is a subtle but unmistakable trend in estate planning and elder law in 2016. Not surprisingly, this trend is being driven not by the legal community, but by market forces – estate planning and elder law clients. The trend is this: clients are increasingly demanding to be cared for – they are seeking and demanding attorney-client relationships where formal client maintenance and updating programs are offered – they are asking attorneys to stop engaging in the long-time practice of limiting the scope of their representation to such an extent that individuals and families…
What Is a 529 Plan and How Can It Benefit Your Family and You?
Authored by: Olivia R. Holcombe-Volke, J.D. – olivia@elvilleassociates.com, 443-393-7696
When 529 college savings plans first arrived on the scene (Section 529 of the Internal Revenue Code was adopted in 1996), the primary motivation was addressing the reality of rising college tuition. Through various subsequent iterations, including those of the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Pension Protection Act of 2006, qualified distributions became tax-free, rollovers became allowable, and account owners became able to make some investment changes, expanding the appeal of 529 plans beyond merely paying for the ever increasing costs of college…
A Guide for Choosing a Good Trust Protector
Authored by:Verena Meiser, J.D. — lindsay@elvilleassociates.com, 443-393-7696
Trust Protectors are routinely included in modern trusts as powerful supervisors and enforcers of the Settlor’s intent beyond the Settlor’s lifetime. Since the role of a Trust Protector could be filled by an individual, such as a family member or friend, a professional, such as an attorney, accountant or financial adviser, or a corporate entity, Settlors have to make a choice. What factors should a Settlor consider to name a qualified Trust Protector who will also be willing to accept the responsibilities and potential liabilities?…
Beneficiary-Controlled Trusts and Creditor Protection: The Best of Both Worlds
Authored by: Matthew F. Penater, J.D., LL.M. — matt@elvilleassociates.com, 443-393-7696
One of the rules in estate planning is to ensure that upon the death of parents, assets are not directed outright to minor children. A bequest directly to a minor child requires a Court-Ordered Guardianship of the Property, at worst, or a Custodianship under the Uniform Transfers to Minors Act (“UTMA”), at best. A Guardianship of the Property can only be obtained through Court action and once obtained, annual accountings must be filed with the Court. Upon a minor’s 18th birthday, all assets subject to the Guardianship are distributed outright to the child, whether it is $100 or $1.0 million. A Custodial arrangement under the UTMA may be utilized under specific circumstances and does not require annual accountings to the Court….
Selecting the Right Assisted Living or Nursing Home – Where Do I Start?
Authored by: Lindsay Moss, J.D. — lindsay@elvilleassociates.com, 443-393-7696
For many people caring for a loved one with disabilities, providing care in the home indefinitely is an unrealistic goal. As well-intentioned as most family caregivers are, the fact is that being a caregiver is extraordinarily hard. Countless caregivers have come to Elville & Associates in crisis, burnt-out from the responsibilities of providing 24/7 care, not knowing where to turn. Acknowledging the extreme demands of being a caregiver and seeking help when at your wit’s end is OK! It is in the best interest of the disabled loved one to not be a burden, and to be cared for in an appropriate environment. This often means accepting the reality that the appropriate environment may be an assisted living or skilled nursing facility…
Elville & Associates Rolls Out New Client Care Program at Client Event
At Elville and Associates’ 2016 Annual Client Event, Elville and Associates’ principal Stephen Elville introduced its next generation Client Care Program (“CCP”). The following is a brief general description of the CCP. Stephen R. Elville and discussed the specific details of the CCP at the Client Event and answered questions. Elville and Associates Client Care …
Elville and Associates to Sponsor 11th Annual Scarecrow Classic 5K Run/1 Mile Walk Hosted by Brain Injury Association of Maryland
By: Jeffrey D. Stauffer, Community Relations Director – jeff@elvilleassociates.com, 443-393-7696
Elville and Associates is pleased to announce it will sponsor the 11th Annual Scarecrow Classic 5K Run and 1 Mile Walk, to be held on Sunday, October 4, 2015 on the University of Maryland-Baltimore County campus. For detailed information and to sign up for the event, visit biamd.org as the event nears and more details become available…