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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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CONSIDERATION OF PRIVATE SCHOOL TUITION IN CHILD SUPPORT

By Meng Law |

As parents, we know that children are expensive to raise and care for, however, only a few specific expenses are included in determining the calculation of child support in Maryland. After we determine each parent’s income, we include the expenses of childcare, health insurance coverage, and extraordinary medical expenses. I’ll elaborate on these calculations… Read More »

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Maryland Chief Judge Statement on Equal Justice Under Law

By Meng Law |

Statement on Equal Justice under Law June 9, 2020 The protests of the last several weeks have coalesced into a truth that cannot be ignored: people of color are being denied their rightful equality.  Frustration and grief have poured out in response to the recent events that so horribly have illuminated injustices against people… Read More »

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Our Duty As Lawyers

By Meng Law |

While my practice is in Maryland, I am also a member of the Kentucky bar because I maintain a remote office in Lexington, KY. This afternoon a statement came through from the president of KBA. It is so well put and just as applicable to MD lawyers that I thought it worthy of being… Read More »

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The Parallels of Estate & Trust Litigation and Divorce and Custody Litigation

By Meng Law |

For the first 20 years of my law practice, a significant part of it involved contested divorce and custody work. Frequently, at the core of the disputes was information provided by a child to the parents. Generally, issues arose for three reasons: (1) the child was not old enough to appreciate the importance of… Read More »

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Grounds for Absolute Divorce in Maryland

By Meng Law |

Maryland is a fairly unique state for divorce. Unlike most states, Maryland allows you to file for a Limited Divorce or an Absolute Divorce. The process for both is similar, but the outcome is very different. A limited divorce does not result in a legal divorce. A couple that goes through a limited divorce… Read More »

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Special Needs Trust

By Meng Law |

Parents of  children with special needs commonly have additional concerns that other parents do not have. While many parents may be able to see their children grow into adulthood and be able to live independent lives, some parents with special needs children will not have the ability to know that their children will ever… Read More »

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