Archive for the ‘Estate Planning’ Category

Apr. 28 2016

Today’s Thought of the Day!

By Steve Elville | Posted in Estate Planning | No Comments

Under the Maryland General and Limited Power of Attorney Act, powers of attorney are enforceable as to third parties, including persons, banks, insurance companies, and brokerage firms.  While enforcement is hopefully unnecessary, an enforcing party (agent) is provided the ability to seek recovery of reasonable attorneys fees. Stephen R. Elville, JD, LL.M Elville & Associates, […]

Apr. 13 2016

Asset Preservation in the Long-Term Care Context

By Steve Elville | Posted in Estate Planning | No Comments

Authored by:  Stephen R. Elville, Esq. – Elville and Associates, P.C. – 443-393-7696, steve@elvilleassociates.com, www.elvilleassociates.com Asset protection takes different forms depending on the situation.  During lifetime, with the exception of domestic asset protection jurisdictions such as Delaware, Nevada, Alaska, South Dakota, Wyoming, and approximately nine (9) others, asset protection is difficult to achieve, except in […]

Apr. 04 2016

Back to the Basics: Trusts for Minors

By Steve Elville | Posted in Estate Planning | No Comments

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 […]

Oct. 05 2015

Why Do We Need an Estate Plan?

By Steve Elville | Posted in Estate Planning | No Comments

Authored by:  Matthew F. Penater, Partner – Elville and Associates Why do we need an estate plan?  Really, why do we need to put our energy into reviewing our assets, hiring an estate planning attorney, making potentially difficult decisions about life-changing events, and talking about our ultimate demise?  Because, as my college Ethics professor said, […]

Sep. 24 2015

Appointing Co-Personal Representatives is a Potential Recipe for Trouble

By Steve Elville | Posted in Estate Planning | No Comments

By: David A. (Andy) Hall, Esq. – Elville and Associates, P.C. 443-393-7696, andy@elvilleassociates.com Ask your estate planning attorney whether you it is advisable to appoint co-personal representatives.  Co-personal representatives are two (or more) people named as personal representative simultaneously.   Successor personal representatives are named as backups in case your first choice is unable to serve […]

Sep. 08 2015

Why We Ask Your Son or Daughter to Leave the Room When You Are Signing

By Steve Elville | Posted in Estate Planning | No Comments

By David A. (Andy) Hall, Esq. The sad reality that even with the best prepared estate plan there can be instances where a family member, or some other individual challenges your will after your death.  Often times, if you have enough resources to carefully prepare your estate plan, then you have enough resources for descendants […]

Aug. 04 2015

Should Trust Funds Be Distributed to Beneficiaries at Certain Ages?

By Steve Elville | Posted in Estate Planning | No Comments

By: Olivia R. Holcombe-Volke, Esq. – Elville and Associates – 443-393-7696, olivia@elvilleassociates.com   A common understanding of testamentary trusts (that is, trusts that come into existence after a testator’s death in order to hold the assets inherited by a beneficiary) is that the beneficiary of a trust will receive her trust funds at a particular […]

Jul. 27 2015

Have You Considered Planning for Your Digital Assets in Your Estate Plan?

By Steve Elville | Posted in Estate Planning | No Comments

Authored by:  Ollvia R. Holcombe-Volke, Esq. – Elville and Associates – 443-393-7696, olivia@elvilleassociates.com The law regarding digital assets is evolving, though its ability to keep pace with the evolution of digital assets themselves is an impossibility.  These days, most, if not all, photographs, personal communications, and personal information are digitally stored – not to mention […]

Jun. 30 2015

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

By Steve Elville | Posted in Estate Planning | No Comments

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 […]

Jun. 15 2015

The Key to Successful Trusteeship – Fiduciary Character

By Steve Elville | Posted in Estate Planning | No Comments

Authored by:  Verena Meiser, Esq.—Elville and Associates, 443-393-7696, verena@elvilleassociates.com What does it take for a trustee to serve well?  If you feel a bit uncertain how to respond to this question you are not alone, given that (1) the number of trustees grows daily with the number of new trusts and assets held in trust, […]

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