Baltimore family law

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LEGAL COUNSELING, SECOND OPINION, AND STRATEGIC PLANNING ADVICE

Posted On : December 4, 2015   By : RobG

■ Legal Counseling & Strategic Planning: – Look before you leap! •  Get a professional review of your concerns and goals •  Assess the strengths and weakness of your position •  Negotiating with a spouse, or anyone, can be daunting • We figure out a strategic game plan and build confidence • How well do you know the person you are thinking of doing or going into business with? • We ask the right questions to help you make sure • “I didn’t know what I was signing” is no excuse! See a lawyer first! • If you think you’ve…

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What is Guardianship?

Posted On : January 15, 2017   By : RobG

What is Guardianship? Guardianship refers to the authority granted to a person by the Court to take care of a disabled person’s person and / or property. If a family member or someone in need is unable to manage his or her affairs due to frailty, long-term illness, disability or mental incompetency, you can petition the court for guardianship. A person is deemed to be competent unless a court has determined otherwise. Before making a decision, the court appoints an attorney to represent the interests of the alleged disabled person, and that attorney provides the court with a written report….

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Does One Need a Lawyer to File For Guardianship?

Posted On :   By : RobG

My focus, as an elder care lawyer, is guardianships for seniors, particularly those in need of guidance from an elderly care lawyer. Decline in mental capacity, dementia, Alzheimer, inability to make rational decisions or perform activities of daily living, neglect, financial and or emotional abuse of an elderly person, unsanitary living conditions, are all key factors in considering whether guardianship for care of an elderly or other person is appropriate. Although there is no legal requirement that one be represented by legal counsel, it is prudent to do so. The process can be involved for someone who does not deal…

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10 Reasons For A Deed Change

Posted On :   By : RobG

Considering a deed change? Consider a life estate deed. Thinking about adding or removing a spouse or child’s name to your deed? Adding a name is often not as simple a matter as you may think. Did you know that the kind of deed you sign can determine whether the real property is protected or not in bankruptcy, whether the house is protected against a Medicaid lien if you should need to reside in a nursing home and rely on Medicaid to pay for nursing home costs, or will keep your property out of probate? There may be other significant estate planning,…

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Long Term Care Planning

Posted On : January 14, 2017   By : RobG

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 and elder care law with your loved one. We are also a resource for relationship counseling to reduce family tension relating to this decision. Our participation early in the…

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Parent Abuse & Sacrifices Parents Make for their Children

Posted On : December 13, 2016   By : RobG

By Rob Goldman, J.D. and Amy Ding, M.D. Many parents frequently make sacrifices for their children. The focus of this article is not the typical sacrifices parents make for their children but rather on the situations where adult children look to their parents, in particular older parents, for financial assistance or try to dump their emotional baggage on their parents. Do parents have an obligation to provide financial and emotional support to their adult children who are experiencing tough times? The short answer is that they do not. Parents who have raised their children have performed their duty and it…

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Elder Law Misconceptions

Posted On : February 28, 2016   By : RobG

Do any of the following situations apply to you? When I reach age 65 I will automatically be eligible to receive Medicaid benefits. I don’t need a Power-of-Attorney because I put my daughter’s name on my accounts? I don’t need a Will because I don’t have much. I can gift up to $14,000 a year to each of my children and thereby protect this money from the nursing home and qualify for Medicaid when my funds run out. I can protect my money by adding my son’s name to my accounts. I’ll just transfer everything I have into my children’s…

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Do I need to sign over my house and savings to pay for the nursing home cost of care?

Posted On :   By : RobG

Do not listen to what the nursing home office tells you! In many cases, the family home is or can be protected. Experience has shown that nursing home business office managers and Medicaid assistants do not understand key aspects of the Medicaid laws.  You could end up paying a whole lot of money to the nursing home that you didn’t need to! Whether the issue is keeping your home or your savings, the Medicaid laws a re complicated and different rules apply depending on the facts and circumstances. The most important first step is to consult with an elder law attorney,…

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Should I sign a nursing home contract?

Posted On :   By : RobG

You should always review a proposed Nursing Home Contract with an Elder Law Lawyer before signing or providing significant financial information to the nursing home. While most people prefer not to enter or place a loved one in a nursing home, there are times when, despite one’s best intentions, one has no alternative. Because nursing home care is so expensive, typically round $9,000 (in 2016), it is essential to consider the potential impact of nursing home care on one’s finances and to take advantage of whatever planning opportunities may exist. By doing so, you will maximize your options to protect…

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LIABILITY OF MINORS & PARENTS: Medical Treatment, Contracts

Posted On : January 14, 2016   By : RobG

The general rule regarding minors, that is persons under 18 years of age, may enter into contracts for their benefit and may avoid contracts that prove to be detrimental to them.  The younger the minor the less likely the contract is to stand.  It is also well established in the law that minors are bound by contracts for necessaries. The term “necessaries” means the item must be absolutely necessary and appropriate in the circumstances.  The need for a dress for the prom would not meet this standard. A minor may not be sued while still a minor, but the liability…

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Liability for Inheritance Taxes in Maryland

Posted On : December 4, 2015   By : RobG

You do not have to pay the Maryland Inheritance Tax if you inherit property from the decedent (the person who died) and your relationship to the decedent is: spouse, parent, grandparent, child, grandchild or any lineal descendent, a spouse of a child or any descendent in the direct line, stepparent or stepchild, brother or sister, or a corporation if all stockholders consist of only the above persons. You are not exempt and do have to pay the Maryland Inheritance Tax if you inherit property and your relationship to the decedent is: niece, nephew, cousin, aunt, uncle, step-grandchild, friend or a non-exempt organization….

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