Experienced Lawyer serving Dundalk, Essex, Bel Air, and Baltimore, MD

Estate Planning

RobG — Sun, 15 Jan 2012 19:23:51 +0000

If you need estate planning services in Baltimore, Dundalk, Essex, Rosedale, Middle River, White Marsh, Parkville, Abingdon, Bel Air, Aberdeen, Havre de Grace, Owings Mills, Reisterstown, Pikesville, Maryland, ROB GOLDMAN LEGAL SOLUTIONS is the law firm Marylanders turn to for calm, sensible advice and Peace of Mind.

You can eliminate or reduce much of the stress that a crisis produces by being prepared. Preparation allows others to know and implement your wishes more effectively, and avoids stress and squabbling among those who want to help.

Protecting one’s assets and providing for loved ones requires planning and understanding of how the law works. Important planning considerations include:

Wills
Living Wills
Powers-of-Attorney
Guardianship
Probate Avoidance
Deed Changes
Estate tax avoidance or reduction
Estate Administration
Family Trusts to care for minors & dependant adults
Orderly administration & distribution of assets
Alternatives to long-term nursing home care
Long-term care eligibility
Protecting the community spouse
Avoiding personal liability under nursing home contracts
Protecting assets & income against nursing home costs

Guardianship Services – Rob Goldman is a guardianship lawyer providing services in the Dundalk, Essex, White Marsh, Parkton, Bel Air, Baltimore, Canton, Pikesville & Owings Mills areas. Services include exploring alternatives to guardianship, mediation among family members to reach consensus as to a care plan approach, contested guardianships and Medical Assistance (Medicaid) and asset protection planning in case one needs long-term care in a nursing home and cannot afford to private pay.

Probate Services – Rob Goldman is a probate lawyer providing services in the Dundalk, Essex, White Marsh, Parkton, Bel Air, Baltimore, Canton, Pikesville & Owings Mills areas. Services include planning to probate avoidance, disclaimers of inheritance, liquidation of estate assets, rights & options counseling, handling the estate administration, communicating with disgruntled heirs, contested Will cases, Caveats to Will, real estate transactions such as deed changes, and related services.

Our Elder Law Page provides additional helpful information, particularly with regard to the needs of senior citizens.

Elder Law

RobG — Sun, 15 Jan 2012 19:21:51 +0000

If you need elder law services in Baltimore, Dundalk, Essex, Rosedale, Middle River, White Marsh, Parkville, Abingdon, Bel Air, Aberdeen, Havre de Grace, Owings Mills, Reisterstown, Pikesville, Maryland, ROB GOLDMAN LEGAL SOLUTIONS is the law firm Marylanders turn to for calm, sensible advice and Peace of Mind.

What is Elder Law? An elder law attorney is an estate planning lawyer whose practice includes a focus and level of experience in the special needs of seniors. Seniors, and those who love them, typically are looking for Peace of Mind, and have questions and concerns about planning for disability, quality of life planning, asset protection planning, getting Wills, Power-of-Attorney and Living Wills in place, concerns about dementia and Alzheimers Disease, considering the need for guardianship, avoiding probate, how to obtain Letters of Administration to probate an estate, seeking advice regarding deed changes, such as adding a family member to a deed, eligibility for Medical Assistance (Medicaid), protecting assets against nursing home costs, and elder abuse, which may be physical and/or financial abuse of an elderly person. An elder law attorney should have the patience and understanding required to communicate effectively with seniors who are frail and have cognitive impairment, and should be willing to make home, nursing home and hospital visits, during and after hours.

Senior citizens want to know why estate planning is especially important to them. Our Elder Law FAQ page covers the essential basic estate planning considerations and documents every senior citizen ought to have, and provides a concise overview of guardianship, nursing home, medicaid, and asset protection planning in an easy to read format. Our Estate Planning Page provides additional helpful information.

Although most of us do not know when a serious disability will occur, we know that almost everyone will experience some form of disability at some time, such as from an automobile accident, or a fall or an illness. If the disability results in mental or physical incapacity, you will not be able to manage your own affairs.

Who do you want to make decisions regarding your health and your business affairs? Don’t you want to be the one to decide who has this power and what they may and may not do? If you do not act, the decision may have to be made by a court, and the Court may appoint someone other than whom you would have chosen.

Rob Goldman is a member of the National Academy of Elder Law Attorneys, and is committed to assisting the elderly and the indigent to receive effective legal services.

Using Bankrupty To Buy Time To Pay Delinquent Tax and Student Loan Debt

RobG — Thu, 20 Oct 2011 16:46:25 +0000

If you find yourself owing the Internal Revenue Service (IRS) or the State for back income taxes, penalties and interest, and are unable to manage the required payments, consider Chapter 13 bankruptcy relief. Also, if you are one of the many failed business owners who find themselves personally liable for business income tax, sales tax and withholding taxes, consider Chapter 13 bankruptcy relief. Although, as a general rule, neither taxes nor student loans are dischargeable in bankruptcy, Chapter 13 may provide the breathing room you need.

Income taxes are a priority claim, meaning that the Govt gets paid before your unsecured creditors. If you have significant credit card debt, personal loans, medical bills and so forth, and some disposable income, you may be able to wipe out (“discharge”) most of this unsecured debt and pay off your income debt over a period of up to five years through your bankruptcy plan. Student loan payments, although a non-dischargeable debt and not a priority claim, can be spread out over time to be more manageable, thus providing valuable relief.

You may be entitled to the benefit of the breathing room a Chapter 13 Plan provides even if you are not eligible for a discharge! – If you filed and obtained a Chapter 7 discharge within the past 8 years you may not be eligible for another Chapter 7 discharge or for a Chapter 13 discharge if you filed for Chapter 13 relief in the past 4 years, subject to certain exceptions. However, as long as your plan is filed in good faith, and meets the requirements for filing a Chapter 13 plan, you can reduce the financial stress of being hounded to make larger monthly payments to your creditors than you can manage. If the court approves your proposed Chapter 13 Plan, the creditors, including the IRS, have to accept the payments as provided in the Plan.

Using Bankcrupty To Wipe Out Second and Third Mortgages and Reduce the Risk of Foreclosure

RobG — Thu, 20 Oct 2011 15:40:10 +0000

Struggling to pay your second mortgage? Do you have a second or third mortgage on your primary residence that is wholly unsecured? For instance, if the equity in your home is less than the outstanding balance of your first mortgage, there is no equity to secure the second mortgage, which means that the second mortgage is in fact wholly unsecured.

Wholly unsecured mortgage liens can be wiped out in a Chapter 13 bankruptcy case. This could mean more money for you to live on each month and reduce the risk of you defaulting on your first mortgage payment.

Partially unsecured mortgage liens secured by one’s primary residence cannot be reduced to the value of the collateral left to secure such lien. However, if the lien is against assets other than your primary residence and is not a purchase-money lien (meaning the lien is to secure a debt unrelated to the purchase of the property against which the lien is attached) the lien can be stripped down to the amount of the available equity in the property that actually secures that lien.

In addition, high interest rates can be crammed down to a much more reasonable rate in a Chapter 13 case, currently around 3%, – instead of the outrageous rates being charged by some creditors, saving you considerable money over time.

Strip-offs and cram-downs are not available in Chapter 7. However, certain judgment and other liens that impair available exemptions to a Chapter 7 debtor can be avoided and stripped off.

Ascertaining the value of your home is key. As you can imagine, opinions as to value can differ widely and be strongly influenced by self-interest. Proving a subjective fact such as value can be challenging and litigation to contest value is not uncommon. Knowledge of the law and good preparation is critical to correctly evaluate the strength of one’s case and reduce legal and court costs.

Since the availability of this kind of relief can depend on specific facts, and can prove to be highly beneficial, it makes sense to obtain a “Rights & Options” consultation with an experienced bankruptcy attorney.

10 Reasons For A Deed Change

RobG — Thu, 29 Sep 2011 12:14:35 +0000

Death of Spouse or Co-Owner
Inheritance
Divorce
Marital Planning
Financial Management Problems
To Avoid Probate
To Correct Errors
To Redeem Ground-Rent
Estate Planning
Asset Protection Planning

Note: Deed changes may have significant legal and financial consequences. Always obtain a Rights & Options consultation with an estate planning lawyer before making a deed change.

[For Additional Information, visit our Real Estate Law practice page]

Long Term Care Planning

RobG — Mon, 22 Nov 2010 20:27:25 +0000

LONG-TERM CARE “CONVERSATION CHECKLIST” FOR FAMILIES AND SENIORS

Having a conversation about long-term care with an aging loved one can be difficult. Initiating a conversation can be awkward or uncomfortable for family members or care-givers. Although it is impossible to know what the future will bring, ROB GOLDMAN LEGAL SOLUTIONS, your local Elder Law Firm, offers the following hints and checklist that may help to begin a conversation about housing options with your loved one.

1. Determine if it’s time to think about long term care facilities.
Reasons to seek long-term care vary from person to person. In addition to potentially offering a more comfortable and safer environment for the aging loved one, long-term care may be necessary for the mental and physical health of the caregiver.

To ensure your loved one is able to contribute to his/her future, introduce alternate housing options as early as possible, even before it becomes necessary. Ask your loved one questions about lifestyle or health-related challenges.

2. Understand this usually this is an evolutionary process.
To minimize resistance and facilitate recognition of the need for increased care, continue the conversation over time by sharing your observations and concerns, including any of the following physical and mental symptoms:

Physical Symptoms:

Are they able to move around easily given the physical layout of the home? For example, are stairs, carpet, bath/shower or door handles obstacles for mobility? Is the heating and lighting adequate for any sensory impairments including hearing, sight and circulation problems?
Are they experiencing balance issues, especially when changing positions? Are you concerned about them falling.
If they fell, are you confident he or she would be able to call for help? Is there a reliable source to respond to a call at all times?
Is your loved one repeatedly complaining of physical aches and pains?
Are they experiencing frequent incontinence? Can they attend to the problem when this happens or is help needed?
Do they have difficulty dressing, bathing or with personal hygiene such as hair and foot care?
Is your loved one experiencing frequent, significant sleep disturbances?
Are they capable of cooking or preparing healthy meals?
Have operating gadgets or appliances such as the can opener, stove or telephone become difficult?
Have household chores become a burden? Is vacuuming, sweeping, taking out the garbage, cleaning the dishes or bathroom being done in timely ways?
Are finances such as bill payment, deposits, and investments being handled in a timely manner?
Is your loved one still driving? If so, are you concerned about his/her and others wellbeing? Is public transportation a safe and viable option?
Are prescribed medications obtained and taken as indicated consistently?

Mental Symptoms:
Is your loved one demonstrating personality changes, including but not limited to:

Frequent irritability?
Insensitivity to others?
Disoriented to place and time?
Aggressive behaviors?
Repetitive behaviors?
Communicating with inappropriate language?
Is your loved one socially withdrawn and not able or not wanting to get together with friends or family? Are there signs of depression?
Do they express negative comments about him or herself?
Are they demonstrating an inability to make decisions or making poor decisions?
Is your loved one able to understand communication or instructions from others?

3. Schedule a family meeting
A family meeting can move the topic of long-term care to a more focused discussion that can lead to a plan. Here is a checklist for planning your family meeting:

Determine the family members that should be involved directly or indirectly in decision making. This may include extended family members, close friends or paid caregivers. Always include the person if he/she is capable of taking part in any decision making.
Consider including an independent third party to play the role of mediator. This could be a minister or other member of the clergy, a social worker or case manager.
If necessary, find a neutral place to hold the meeting.
Prepare an agenda to help you stay focused. It may include:
A medical update
Sharing of feelings about the illness and caregiving
Daily caregiving needs
Financial concerns
Who will make decisions
What support role each person will play
What support the primary caregiver needs
Next steps moving forward

4. Continue to involve family.
The move to a long-term care facility is an immense transition for any family, so it’s important to involve everyone relevant to the person:

Reach out to siblings to secure their input and support. For example, share online information about long-term care facilities to secure greater involvement and participation.
Is there is an unequal financial or time burden to one family member? If so, acknowledge the distribution of resources and discuss a strategy for achieving a balance that appeals to everyone.

Good communication reduces the risk of family friction, suspicion and mistrust.

5. Continue to engage your parent or loved one.

Have ongoing conversations at times when your loved one is feeling best and there are few distractions.

Introduce the idea of an overnight visit to a long-term care facility or an extended afternoon visit to get a feel for the various available options.

6. Begin researching long-term care options in your area.

Go to SnapForSeniors.com to access a nationwide senior housing database.
Enter your city, state, zip, county or address and begin researching options by category of housing.
View the listing details or contact the facility to ask questions and schedule a site visit.
Read comments from consumers on the listing if available.
Ask the facility you visit for a copy of their last annual licensing survey report.
Contact your local senior ombudsman to get perspective from a local trusted resource.
Check references from existing or prior residents or families.

7. Consult with an Elder Law Attorney.
Elder law attorneys are estate planning attorneys with a concentration in addressing the estate planning needs of seniors. Services typically involve more than simply preparing documents. An elder law attorney can provide valuable guidance with regard to quality of life planning to enable the senior to continue to live at home for as long as possible, review important considerations regarding planning for financial protection and disability, attaining and preserving eligibility for Medicaid long term care benefits, and many more related issues. Given the complexity of the Medicaid laws, the high cost of assisted living and nursing home care, and the stress one has to cope with as care services become increasingly difficult, it makes sense to get the elder law attorney involved as early as possible in this process. That will help you to make informed decisions and avoid potentially catastrophic financial consequences.

Does One Need Separate Guardians for the Person and for the Property?

RobG — Wed, 07 Jul 2010 02:47:51 +0000

Typically, the court will appoint the same person to serve as to guardian of the person and guardian of the property, but may appoint separate guardians. Much depends on the facts and circumstances. Whenever the is a family dispute over who should be guardian the risk of the court appointing a third party increases and, all the more so, where there are concerns of financial and/or physical abuse. Since it is not unusual for people to exaggerate or embellish the facts, an experienced guardianship attorney may be able to nip many problems in the bud.

Can the Court Appoint Someone Other Than the Petitioner as Guardian?

RobG — Wed, 07 Jul 2010 02:46:27 +0000

Generally, if the court is satisfied that the petitioner is a suitable person to be appointed guardian, such determination being considered separately with regard to guardian of the person and guardian of the property, the petitioner will be appointed legal guardian. However, the court may decide to appoint someone other than the petitioner, including a complete stranger to the family, such as an attorney, to serve as guardian and may appoint different people to serve as to guardian of the person and guardian of the property. Therefore, it is important to go to court prepared.

How Does One Become a Legal Guardian?

RobG — Wed, 07 Jul 2010 02:44:38 +0000

The procedure or process for becoming a legal guardian first requires a determination as to whether the alleged disabled person needs guardianship of the person or of the property or both, – more often it is both. A petition for guardianship needs to be filed in the circuit court for the county in which the alleged disabled person resides, supported by two physician’s certificates verifying the cause, nature and scope of the incapacity in conformity with court rules. Various other documents needs to be filed and the appropriate parties served. Then the case is set in for a hearing. Prior to the hearing, shortly after the case is filed, the court appoints an attorney to represent the interests of the alleged disabled person, who investigates and files a written report with the court. The court may or may not require the petitioner to testify. The appearance of the alleged disabled person often is waived. The court determines whether bond is needed and if so how much. After a guardian has been appointed, the guardian must attend a court sponsored seminar on the duties of a guardian. A fiduciary report needs to be filed with the court after the hearing and annually thereafter providing a detailed accounting of the disabled person’s assets and income, duly verified.

How Can One Contest a Guardianship?

RobG — Wed, 07 Jul 2010 02:43:01 +0000

Contesting a guardianship can be highly stressful and costly, but when a loved one’s health, safety and financial security are in jeopardy, one has to do the right thing and act swiftly. The first step should be to consult with an experienced guardianship lawyer to evaluate the situation and provide guidance as to how to proceed. How one proceeds depends on the stage of the proceedings. The earlier one retains legal counsel the more options one may have to resolve the conflict in a sensible, cost-effective manner.