Pasternak & Fidis provides sophisticated, comprehensive estate planning for individuals, couples, families and family businesses. Each of our three senior estate planning attorneys brings more than 30 years of experience to our clients. Our five younger attorneys all have excellent skills that will enable them to effectively represent clients and their descendants for many years to come. Together, our nine estate planning attorneys offer a coordinated approach that goes well beyond wills and trusts.
Effective tax planning is a critical part of estate planning. We structure estate plans to take advantage of all available tax-saving strategies. Real estate interests, closely held businesses, and other enterprises require special attention. We combine tax expertise, business knowledge, and common sense to help protect and preserve our clients’ wealth for future generations.
Planning for incapacity is an important part of the planning process. We work to ensure our clients’ needs are met and their wishes honored, both with respect to their financial affairs and their health care decisions.
Complications and disputes can arise with any estate. When disputes arise, we can litigate if necessary, but we prefer working to calm any disagreement, listening to all parties, developing an appropriate strategy, and crafting the proper plan.
We are experienced in working with complex family structures, including step-families and domestic partners.
Pasternak & Fidis has cultivated strong relationships with other professionals. We work regularly with our clients’ accountants, insurance agents, appraisers, financial planners and investment advisors.
If you are interested in our estate planning services we invite you to call for an appointment. We ask our new estate planning clients to complete an estate planning information form in advance of our initial meeting. Our two forms are listed below. The long form is recommended for clients with complex assets, such as investment real estate, closely held business interests, multiple life insurance policies, and the like. The short form can be used by clients whose asset categories are more straightforward, such as bank and brokerage accounts, retirement accounts, and personal residences. Please print the form that is applicable to you, complete it, and bring it with you to our initial meeting. In the alternative, you can save the form to your desktop and complete it electronically before returning it to our office.
The doubling of the federal estate tax exemption under the Tax Cuts and Jobs Act has moved many wealthy Americans away from the impact of the federal estate tax. However, state estate taxes and inheritance taxes remain a factor in estate planning for residents of a number of states, including Maryland and the District of Columbia. Moreover, a state level estate or inheritance tax may be imposed on real estate located in a state with a tax even when the decedent resides elsewhere.
Currently, only a handful of jurisdictions have an estate tax. These include the District of Columbia and Maryland as well as Connecticut, Hawaii, Illinois, Maine, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, and Washington. The District of Columbia’s estate tax exemption… MORE >
The District of Columbia Death with Dignity Act allows an adult D.C. resident who is terminally ill (i.e., medically confirmed to have less than six months to live) to request medication to voluntarily end his or her life.
In order for a patient to participate in the Death with Dignity program, the following requirements must be met:
Years ago, I described to a close friend (let’s call her Cathy) the difference between a division among descendants per stirpes and a division among the same descendants per capita at each generation. In the midst of my explanation, Cathy suddenly exclaimed, “Oh! You mean like the Packers’ tickets?” This was a Eureka! moment; yes, it’s exactly like the Packers’ tickets.
One very important lesson I learned attending college in Wisconsin is that Packers’ tickets are a sacred thing. The population of Green Bay is 105,000. After recent expansions, Lambeau Field now seats 81,435, but season tickets are still very hard to come by. For many, the surest way to get them is to inherit them.
Back in the days of Bart Starr and Vince… MORE >
After a divorce, the last thing on most people’s minds is contacting their estate planning attorney. However, if you fail to revise your estate planning documents after your divorce, your former spouse might still be a beneficiary of your estate and may continue to be a fiduciary under your will, revocable trust, power of attorney, or advance health care directive. Below is a table that summarizes how divorce affects these documents under D.C., Maryland, and Virginia law.
D.C. Maryland Virginia Wills Divorce and final property settlement revokes the entire will. If the testator does not execute a new will, or republish his or her old will, he or she will die intestate. Divorce revokes all provisions of a will relating to the former spouse, unless… MORE >
“My daughter is getting married. Does she need a premarital agreement?”
Estate planning attorneys hear this question more and more frequently – generally from clients concerned about the assets they plan to leave their children. Numerous wealth transfer predictions estimate that trillions of dollars will pass over the next decade from a generation that earned the money to their children who did not earn it. Parents (and grandparents) may want to assure that the inheritance the child receives, whether cash, real estate, a stock portfolio or an interest in a family business, will be stewarded carefully. Parents usually hope that the inherited assets will ultimately pass at the child’s death to the child’s children or grandchildren rather than to a child’s surviving spouse, however… MORE >
Best Lawyers named partner Nancy Fax the Trust and Estates Lawyer of the Year in DC, Maryland and Virginia. Because the publication uses peer nominations to develop its selective list, we are especially proud of this recognition. Congratulations, Nancy!
Additional Pasternak & Fidis attorneys were recognized as best lawyers in Maryland in their respective fields:
18 is a momentous birthday. Your child can register to vote! Your son (but not your daughter) must register for the Selective Service. Depending on which jurisdiction you live in, your child may become entitled to unilateral control over that UGMA/UTMA custodial account that you funded years ago.
You have spent years managing things for your child; whether that makes you a helicopter parent or his “handler,” certainly you have been the most devoted administrative assistant your child will ever have. But now, your signature is no longer adequate, and you no longer have access to your child’s health information or authority to make medical decisions. Your son is heading off to college, the mail brings dozens of credit card applications addressed to him, and… MORE >
For a long time, the rule in Maryland has been that a divorce revokes the provisions of a will that benefit the former spouse, but we did not have the same rule for revocable trusts. Beginning October 1, 2016, the same rule will apply to revocable trusts—divorce will revoke those provisions of the trust that benefit the former spouse.
The Maryland Trust Act will, beginning October 1, 2016, include language allowing interested persons to enter into a binding, non-judicial settlement agreement with respect to trust matters. This means that, without having to go to court, the trustee and beneficiaries of a trust can get together and agree to resolve trust-related issues that they would previously have had to resolve in a court proceeding. This should… MORE >
Lawmakers in Minnesota are acting quickly to pass the PRINCE Act, which is intended to protect one’s – specifically, Prince’s – name, voice, and likeness from unauthorized use for a 50-year period after death. The law is aimed at protecting Prince’s legacy and the right of his estate to control future marketing of and revenues from his music and other artistic media. This pending Minnesota legislation is discussed here: http://blogs.mprnews.org/capitol-view/2016/05/legislature-hurries-to-aid-prince-heirs/.
Interestingly, the IRS and the Estate of Michael Jackson are in the early stages of high-stakes estate tax litigation, and the IRS appears to be basing its case on the value of Jackson’s “name and likeness” property rights under California law at the time of Jackson’s death in 2009. This April 2016 article from Billboard… MORE >
When it is enacted in state legislatures this year, RUFADAA will give effect to a user’s express instructions regarding whether or not a fiduciary should have access to the user’s digital assets. Users can provide those instructions in their traditional estate planning documents, via some other record, or via use of an online tool. An “online tool” is an account-specific feature the online service provider offers to its users to enable a user to express his or her wishes regarding that account. At present, we know of only two online tools—Facebook’s Legacy Contact and Google’s Inactive Account Manager.
Facebook’s Legacy Contact permits a user to designate another Facebook user to as a Legacy Contact after the user’s death, respond to new friend requests, write a… MORE >