BLACK LIVES MATTER

Death and Divorce: A Lethal Legal Combination

Death and divorce—both events are extremely difficult and stressful in and of themselves. However, when death and divorce happen at roughly the same time, the consequences can be unexpected and may seem wildly unfair. Separation and divorce can have a significant impact on estate planning issues, which require diligent attention when marital issues arise.  Otherwise, […]

The New Maryland Trust Act

The new Maryland Trust Act takes effect January 1, 2015 and will apply to all Maryland trusts, including those created prior to its effective date.  For the most part, the Act provides default rules that can be overridden by the express terms of a trust, but some rules are mandatory. The following is brief summary […]

Powers of Appointment: A Powerful Estate Planning Tool

What is a Power of Appointment? A power of appointment is a power given to a person (oftentimes under a trust) which enables the person to designate who will receive property or an interest in property.  The person who creates the power of appointment is the donor; the holder of the power is the powerholder; and […]

Are Trust Assets Vulnerable to Claims of Creditors (Including a Divorcing Spouse)?

A question commonly raised by clients during the estate planning process is: “What can we do to ensure that the assets we give to our children will not be available to the child’s spouse at divorce?” (One answer is for the adult child to have a premarital agreement. See “Premarital Agreements and the Young Couple” […]