Guardianships

New Elective Share Law in Maryland Increases the Need for Prenuptial Agreements

In case you missed it because of all the other changes we had to deal with during the pandemic, there was a significant change to Maryland’s elective share law that went into effect as of October 1, 2020.  What exactly is the elective share and why should you care?  Simply put, the elective share is a surviving spouse’s right to file a claim (i.e. make an election) against their deceased spouse’s estate to inherit a portion of assets even if their deceased spouse has an estate plan that says otherwise.  This largely impacts Marylanders who are considering getting married again...

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What is a Guardian and Why Would You Need One?

Merriam-Webster’s Dictionary defines a guardian as “one who has the care of the person or property of another” or “one that guards: custodian.”   While simple in definition, the process of becoming someone’s legal guardian is complex and can often be overwhelming.  Under the laws of most states, a legal guardianship is considered an extreme measure and is typically not pursued unless it is proven to be absolutely necessary in order to protect a person from harm and there are no less restrictive alternatives available. There are two types of guardianship appointments, guardian of the person and guardian of the property.  A guardian...

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