Category Archives: General
Safekeeping of Wills – No Review by Register of Wills
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 »
Disclaimers – Be Very Careful
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 »
Maryland Adopts Daubert – It’s Taken Many Years
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 »
Breach of Fiduciary Duty – The Court of Appeals Finally Answers a Question After 23 Years
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 »
PROBATE – How to Avoid Serious Trouble
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 »
Force Majeure
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 »
PPP – Updated Loan Forgiveness Forms
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 »
CONSIDERATION OF PRIVATE SCHOOL TUITION IN CHILD SUPPORT
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 »
Maryland Chief Judge Statement on Equal Justice Under 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 »
Our Duty As Lawyers
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 »