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Recent Blog Posts

Safekeeping of Wills – No Review by Register of Wills

By Meng Law |

Whenever I prepare a Will for a client, I go over with them the options for where the original Will should be kept. Most of the time I recommend that it be delivered to the Register of Wills for safekeeping in their fire protected vault. Recently, I spoke with a client who had prepared… Read More »

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Who Owns the Burial Plots

By Meng Law |

One of the questions that comes up frequently when someone dies is who owns the remaining burial plots. A typical question is: Grandpa gave the deeds to our family burial plots to my Aunt. After my Aunt passed away, my older sister had the deeds in her possession. When my Uncle passed away, they… Read More »

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Disclaimers – Be Very Careful

By Meng Law |

Disclaimers are a source of many mistakes in the estate and trust field. Most people think that if you want to decline taking a bequest from the Will of a deceased person, all you need do is to sign a disclaimer. However, in a number of situations that would not only not meet your… Read More »

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Maryland Adopts Daubert – It’s Taken Many Years

By Meng Law |

The Maryland Court of Appeals (Maryland’s highest court) on August 28, 2020, delivered a major decision that was many years in the making.  The opening pages of the opinion are clear and succinct and are below: Nearly a century ago, the United States Court of Appeals for the District of Columbia announced a new… Read More »

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How Not to Revoke A Will – An Example of How the Will Statutes Can Be a Trap for the Unwary

By Meng Law |

Revocation of a Will You live in Maryland. You had a lawyer prepare and you signed your Will in 2016 leaving your estate to only 2 of your 3 children. You know you have the original somewhere but you haven’t been able to find it. You are divorced with 3 adult children. You know… Read More »

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Correcting My Will, Trust, Power of Attorney, Advance Directive, and Other Legal Documents

By Meng Law |

So, you’ve completed your estate planning documents. You carefully reviewed them. They were duly signed and witnessed and you’ve got them in a safe place. But then you and your spouse were talking and you’ve decided that one of the gifts you put into your Will is now a bad choice. You had given… Read More »

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Breach of Fiduciary Duty – The Court of Appeals Finally Answers a Question After 23 Years

By Meng Law |

BREACH OF FIDUCIARY DUTY This has been a troublesome concept in Maryland law until today when the Court of Appeals filed its opinion in Plank v. Cherneski https://mdcourts.gov/data/opinions/coa/2020/3a19m.pdf The Court’s explanation of the trouble over the years is set out in the first paragraph of the opinion: Does Maryland recognize an independent cause of… Read More »

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PROBATE – How to Avoid Serious Trouble

By Meng Law |

Probate is a process supervised by the County Register of Wills and Orphans’ Court. If you take on the role of Personal Representative (just another term for Executor or Administrator) you need to be careful about your obligations and duties. Here are important things to consider and know: 1. Think seriously about hiring an… Read More »

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Force Majeure

By Meng Law |

FORCE MAJEURE We’ve been hearing a lot about force majeure clauses potentially providing a basis for avoiding a contract. I’ve not found any Maryland appellate case decision based upon a force majeure clause but I did come across a Supreme Court case – Viterbo v. Friedlander,120 U.S. 7077 (1887). Here are some pertinent parts…. Read More »

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PPP – Updated Loan Forgiveness Forms

By Meng Law |

SBA has released two new PPP Loan Forgiveness forms: 3508EZ and 3508. Here are links to the two forms https://www.sba.gov/document/sba-form–paycheck-protection-program-loan-forgiveness-application-instructions-borrowers-6-16-2020 https://www.sba.gov/document/sba-form-paycheck-protection-program-ez-loan-forgiveness-application-instructions-borrowers-6-16-2020 The EZ form requires less documentation and fewer calculations than previously required. The EZ form applies to borrowers who meet any one of these three criteria: 1. Applied for the PPP loan as… Read More »

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