Photocopy of Last Will and Testament
What happens if I can’t find my dad’s original last will and testament? Can I use a photocopy of his last will and testament?
Probate: Post-Death Planning
Probate: Post-Death Planning Sometimes a proposed beneficiary distribution needs to be corrected after the death of a loved one. Example 1: Grandchildren Born After the Will Was Signed Probate: Post-death planning. One common circumstance is when a grandparent’s last will and testament clearly indicates that all of her grandchildren will inherit an equal share. She…
Maryland Inheritance Tax
The Maryland inheritance tax is what I like to call the “sneaky death tax.” For many families, the imposition of the federal estate tax and the Maryland estate tax is not a practical concern, since these taxes only apply to multi-million-dollar estates. However, the Maryland inheritance tax is a 10% tax on all distributions to…
Probate Creditors
Creditors are one of the more complicated parts of the Maryland probate process. One of the core functions of a personal representative is to determine if there are creditors for the estate. Making a mistake regarding creditors is one of the few ways that a personal representative can be held personally responsible for a mistake…
Maryland Probate Process
At its core, the Maryland probate process is the court-required system designed to account for a deceased person’s assets, identify their creditors, and approve the distribution to estate beneficiaries. For many families, this process can be overwhelming. Many people do not even know where to start. Here is a brief summary to guide you through…
Medicaid Cuts
Transferring Medicaid Costs From the Federal Government to the State There is constant pressure from the Federal government to cut Medicaid costs. One drastic solution is to push Medicaid costs from the Federal government to the State. Instead of being treated as an entitlement program (i.e. if you are eligible then you will be covered),…
Possible Medicaid Changes
Medicaid Cost Cutting One of the various changes proposed by candidate Trump was the idea of shifting Medicaid responsibility from the Federal Government to the States. The rational proposed by Trump was that such a move would “maximize flexibility to states via block grants so that local leaders can design innovative Medicaid programs that will…
Another Nursing Home Win!
We have another nursing home win! In this matter, the nursing home worked with the client (before we were hired) to file the Medicaid application for her disabled husband. Client knew little of what was involved with the Medicaid application and relied on the nursing home to complete the application and file it. During the application process…
Guardianship
Physician Certificates One of the key items in a guardianship process are the certifications. Certificates are needed to prove to the court that a person lacks the ability to make rational decisions regarding her health or finances. In many cases it may be possible to work with a parent to have them examined by two…
Assisted Living Negligence
There are two key issues to consider for facility negligence: What is the harm that was caused? Did the facility breach their standard of care? A Typical Example Let’s suppose your mother lives in an assisted living facility. She needs an aide attending to her every time she walks because she’s considered at risk for…