JGL Senior Counsel Michal Shinnar was interviewed and quoted in the February 13, 2022 Baltimore Banner article “Internal emails detail pressure state police troopers faced to drive up traffic ticket numbers”.
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JGL obtained a groundbreaking decision establishing that Maryland workers can litigate breach-of-contract claims on a class basis in a suit on behalf of 100 newspaper distributors.
JGL partner David Bulitt will be interviewed on Fox News Thursday morning, February 9 about 11:15
The Appellate Court of Maryland largely affirmed the decision of the Prince George’s County Council, sitting as the District Council, in approving a Conceptual Site Plan for the firm’s client’s development in Hyattsville. City of Hyattsville v. Prince George’s Cnty. Council, 254 Md. App. 1 (2022).Supreme Court Upholds Zoning Amendment
Please join JGL partner Veronica Nannis for next week’s virtual webinar, Could My Client Be A Whistleblower?
This special webinar is brought to you by the Maryland Association of Justice (MAJ) and co-sponsored by Joseph Greenwald and Laake PA.
Anyone can attend!
This is an introductory webinar to the False Claims Act.
For any attorney who has wondered about this area of law, or who may have, and not know they have, potential cases, there is something for everyone in this webinar.
We will walk through what the False Claims Act is and how it can be used. We will also discuss spotting a potential FCA case – including when evaluating medical negligence, personal injury, nursing home, product liability and employment cases.
Tuesday, February 7, 2023 at 9:00am – virtual webinar. More information and to register click here: https://www.mdforjustice.com/?pg=events&evAction=showDetail&eid=252197
As we age, it is important to consider the future and how our assets can benefit our loved ones. With an estate plan in place, you can ensure that your family has the support they need after you are gone.
Estate Planning Basics
So, what is estate planning? Your “estate” refers to everything you own, including bank accounts, investments, businesses, homes, cars, and other personal possessions. Estate planning enables you to indicate how you want your assets to be managed in the event of your incapacitation and distributed in the event of your death. The memorialization of these decisions in the appropriate documents is essential to protect your assets and ensure that your family is financially stable.
An experienced estate planning attorney can help you navigate the process of determining how to provide for and protect your beneficiaries, understand the tax issues and administrative issues that will affect your estate. Here we explore the benefits of working with a skilled estate planning attorney and how JGL can simplify the process.
Why is Estate Planning Important?
Estate planning allows you to leave your assets to the people and causes in your life that are important to you. There are numerous advantages to preparing an estate plan, including protecting your family, avoiding hefty taxes, and eliminating obstacles for your loved ones. To start, you can create an estate planning checklist to build a solid foundation and identify critical factors for your estate.
Read on, as we outline some of the most important benefits and considerations involved with estate planning.
Name Your Beneficiaries and Manner of Distribution
One of the most important aspects of estate planning is naming your beneficiaries and determining how best to distribute the assets to them. A beneficiary is the person, trust, or organization named to receive your assets upon death. Naming your beneficiaries and selecting the manner of distribution for their benefit are important decisions. It is helpful to contemplate your potential beneficiaries, their respective situations, and the tax issues affecting your estate, to determine how you would like to divide your assets among them.
Reduce Taxes for Heirs
One of the most significant benefits of working with a skilled estate attorney is that you can avoid or delay substantial taxes. Death-related taxes are assessed and paid out of the deceased person’s estate, so if taxes are high this can have a significant impact on your heirs and beneficiaries. An estate plan can ensure more of your estate goes to those you intended, provide peace of mind, and help your heirs avoid financial hardship.
Determine Protective Measures for Your Children
An integral part of the process is determining how best to manage assets for the benefit of your children. If you and your spouse pass before your children turn eighteen years old, the court system will decide who will care for them unless guardians are identified. It is important to choose people who you trust among your relatives, close friends or loved ones, to serve as guardians for your children.
Planning for the management and protection of your assets for the benefit of children who have reached the age of eighteen is also important to consider. An experienced estate planning attorney can help you understand the estate planning options to help your children of any age in light of your concerns for them the particular issues that they may face or your concerns for them.
Protect Family Relationships
By preparing an estate plan, you can prevent arguments or disagreements between family members, as your wishes regarding the distribution and management of your assets to protect and improve the lives of your spouse, children and other beneficiaries will be clear. Estate planning can help facilitate healthy dialogue about these issues that protects family relationships for the long term.
Work with a Trusted Estate Planning Attorney
When determining the next steps for estate planning, seek advice from the experienced attorneys at JGL Law. We provide individually tailored guidance regarding wills, trusts, wealth preservation, tax planning, guardianships, trust administration, and other estate-related matters. Our estate planning attorneys provide strategic insight to preserve your assets for those you wish to benefit. We understand this process can be challenging. Our team works diligently to identify potential issues and make the process seamless and understandable for you and your loved ones. Contact us today to schedule a consultation with our skilled estate planning attorneys.
JGL congratulates Lindsay Parvis who was recently named to both the Top 50: Top 50: 2023 Women Maryland Super Lawyers List and the Top 100: Top 100: 2023 Maryland Super Lawyers List
In addition, the 2023 edition of Maryland Super Lawyers magazine recently named nine Joseph Greenwald & Laake, P.A. attorneys to its annual Maryland Super Lawyers list, and two JGL attorneys to Super Lawyers Rising Stars.
JGL attorneys who made this year’s Super Lawyers list, including their primary practice areas as identified by Super Lawyers, are:
David Bulitt – Family Law (Rockville)
Patrick Dragga – Family Law (Rockville)
Jeffrey Greenblatt – Family Law (Rockville)
Lindsay P. Parvis – Family Law, TOP 100 Maryland Super Lawyers / Top 50 Women Maryland Super Lawyers (Rockville)
Jay Holland – Employment & Labor (Greenbelt)
Timothy Maloney – General Litigation (Greenbelt)
Valerie Grove – Personal Injury Medical Malpractice: Plaintiff (Greenbelt)
Steven Pavsner – Personal Injury Medical Malpractice: Plaintiff (Greenbelt)
William J. Inman – Workers Comp (Rockville)
And JGL Rising Stars include:
Christopher Castellano – Rising Star -Family Law (Rockville)
Drew LaFramboise – Rising Star – Personal Injury Products: Plaintiff (Greenbelt)
An Anne Arundel jury awarded $8.5 million in damages to a Maryland woman who sued her former boyfriend for infecting her with genital herpes.
Brown who takes office in January of 2023 recently named leaders of his transition teams focused on civil rights, consumer protection, the environment, equity and ethics, labor, procurement and public safety.
Brown also named Timothy Maloney, of Joseph, Greenwald & Laake PA’s Greenbelt office as a senior transition adviser, joining former Chief Deputy DC Attorney General Jason Downs; University of Maryland law professor Larry S. Gibson; and National Capital Planning Commission Commissioner Elizabeth M. “Betty” Hewlett
If you are currently embroiled in a custody dispute or have a family member, co-worker or colleague going through a custody dispute, you may have wondered does the Court consider the child’s input or desires. We’ll examine that and additional factors in child custody decisions.
Does My Child’s Preference Really Matter?
The Maryland Court of Special Appeals stated that “the children have a substantial interest in the outcome of their parents’ custody dispute and are individuals with rights recognized by the courts, even though they are not formally recognized parties to the lawsuit.” Auclair v. Auclair, 127 Md. App. 1, 12-13 (1999)
The Court’s Role
In Maryland in order to determine custody, the trial court is required to determine the best interests of the minor child. “In Montgomery County v. Sanders, 38 Md. App. 406, 420 (1977). In Leary v. Leary, the Maryland Court of Special Appeals stated “[t]he bottom line in any custody dispute is: what is in the ‘best interests’ of the children? citing Ross v. Hoffman, 280 Md. 172 (1977) and a judge agonizes more about reaching the right result in a contested custody issue than about any other type of decision he renders.” Leary v. Leary, 97 Md. App. 26, 37 (1993).
Most Important Factors in Child Custody
To assist trial courts, the Court of Special Appeals set forth a list of factors that a trial court should consider to determine the children’s best interests. “The criteria for judicial determination [of child custody] includes, but is not limited to the 1) fitness of the parents; 2) character and reputation of the parties; 3) desire of the natural parents and agreements between the parties; 4) potentiality of maintaining natural family relations; 5) preference of the child; 6) material opportunities affecting the future life of the child; 7) age, health and sex of the child; 8) residences of parents and opportunity for visitation; 9) length of separation from the natural parents; and 10) prior voluntary abandonment or surrender.” Montgomery County v. Sanders, 38 Md. App. 406, 420, 381 A.2d 1154 (1977), see also, Md. Ann Code, Family Law Art. § 9-104, Taylor v. Taylor, 60 Md. App. 268 (1984), judgment vacated, 306 Md. 290 (1986), and Ross v. Hoffman, 280 Md. 172 (1977).
The children’s preference is “clearly reflected in the best interest of the child standard that is used to resolve custody determinations.” In Leary v. Leary, 97 Md. App. 26, 48 (1993). The Court of Appeals explained:
The desires of the child are consulted, not because of any legal right to decide the question of custody, but because the court should know them in order to be better able to exercise its discretion wisely. It is not the whim of the child that the court respects, but [the child’s] feelings, attachments, reasonable preference and probable contentment. (cited in Auclair v. Auclair, 127 Md. App. 1, 12-13 (1999))
The Court May Interview the Minor Child
Maryland case law and statutes are clear that the court may consider the child’s preference. “The trial court has the discretion to interview a child.” Marshall v. Stefanides, 17 Md. App. 364 (1973). In Karanikas v. Cartwright, 209 Md. App. 571 (2013) the Court of Special Appeals, “[t]he trial judge exercised this discretion by electing to hear other testimony first in order to determine whether the child’s testimony would be useful. The trial judge later … decided to interview the child in chambers.” Id. at 595. The Court of Special Appeals held that the trial court did not err in handling the issue of interviewing the child in this manner.
At What Age Can a Child Make Custody Decisions?
If the court does interview a child(ren), the court can then determine weight to give the child’s preference:
“[I]n determining in a contest for custody what will promote the best interests of the child, the child’s own wishes may be consulted and given weight if he is of sufficient age and capacity to form a rational judgment. … But we adopt the rule that there is no specific age of a child at which his wishes should be consulted and given weight by the court. The matter depends upon the extent of the child’s mental development.” Ross v. Pick, 199 Md. 341, 353 (1952) [Emphasis added], see also, Leary v. Leary, 97 Md. App. 26, 36 (1993) (citing Casey v. Casey, 210 Md. 464, 474 (1956)). [Emphasis added]
Competency of a Child as a Witness
In Krebs v. Krebs, the Court of Appeals reviewed the “the propriety of an order passed granting custody to the mother of a girl [ ] 12 years of age and of a boy [ ] 9 years of age. Krebs v. Krebs, 255 Md. 264, 264 (1969) Ultimately, the Court of Appeals remanded the case to the trial court without affirming or reversing the trial court.
The Court explained the significance of examining all factors in a custody determination. “We are not here dealing with chattels. We are dealing with two growing children who, undoubtedly, love both of their parents, and who are loved by both of their parents, children who have suffered tremendously from the trauma of their parents’ separation and the warfare between the parents.” Krebs v. Krebs, 255 Md. 264, 266 (1969) “The absolute obligation on the trial judge to undertake a thorough examination of all possible factors before determining child custody was forcefully set out by Judge McAuliffe in Taylor v. Taylor, 306 Md. 290, 303 (1986):
Formula or computer solutions in child custody matters are impossible because of the unique character of each case, and the subjective nature of the evaluations and decisions that must be made. … no single list of criteria will satisfy the demands of every case.
We emphasize that in any child custody case, the paramount concern is the best interest of the child. … The best interest of the child is therefore not considered as one of many factors, but as the objective to which virtually all other factors speak. [Emphasis supplied in original).
While the Maryland appellate courts have not determined a precise age for the trial courts to consider, in Brandau v. Webster, 39 Md. App. 99 (1978), the trial court refused to hear testimony from the 6 year old child, Erika, of the parties in determining the custody of the two oldest children (the court did hear, and weigh heavily, the testimony of the two older children who were 16 and 15.5 at the time). On appeal, the Court stated that “[t]he sole question to be decided by us is whether the Chancellor erred in refusing to conduct or to allow a voir dire examination of Erika in order to determine her competency to testify as a witness in this case.” Id. at 103.
The Court of Special Appeals found that “it was error for the Chancellor to refuse to conduct the examination of the proposed witness … either in court or in chambers in order to determine whether she was, in fact, a competent witness. It is true that the decision us to the competency of a witness is within the sound discretion of the trial court but the court must at least conduct such an examination as will disclose the factual basis on which his conclusion as to competency rests.” Id. at 105-106. [Emphasis added]
In support of that conclusion the Court stated:
“As there is no precise age which determines the question of competency, the court must resort to a determination of the capacity and intelligence of the child and its appreciation of the difference between truth and falsehood.”
Thus, a trial court is required to make judicial inquiry in determining the competency of a child.
The Court’s Method of Interviewing a Child
A child would likely feel uncomfortable testifying in front of his parents, so judges typically interview children in their chambers. Many times, judges will remove their official robe to help a child feel more at ease. (One judge has a ping pong table in his chambers to help children feel more comfortable.)
“In a custody case, it is proper for the chancellor, in his discretion, to interview the child out of the presence of the parties, with or without the consent of the parties and with or without the presence of counsel. In all cases, unless waived by the parties, the interview must be recorded by a court reporter and immediately following the interview its content shall be made known to counsel and the parties by means of the court reporter’s reading of the record to them.” Shapiro v. Shapiro, 54 Md. App. 477, 480 (1983).
“It has been held that it is the duty of the Court to conduct the child’s examination; that the child’s appearance, fear or composure, general demeanor and manner of answering and any indication of coaching or instruction as to answers to be given are as significant as the words used in answering during the examination, to determine competency, and it is impossible to make such important and necessary observations unless the child appears personally before the court.’ ‘It is error to arbitrarily exclude the child as a witness without such examination.’” Volume 81, American Jurisprudence 2d, Witnesses, Section 92.
Child Custody Lawyers
Obviously, in determining whether a child should testify, a party and his or her legal counsel should give consideration to the child’s own feelings, the impact the child’s testimony may have on the child and his or her relationship with each of the parents, and the psychological impact it may have on the child. While it is sometimes not ideal to have children testify, the trial court can also appoint a Best Interest Attorney to meet the objective of considering the child’s preferences without subjecting the child(ren) the scrutiny of being in Court or the later ramifications of believing they may have played a party in the dissolution of their family (discussed more in depth here).
Experts in Maryland Child Custody Laws
If you are considering a divorce and have children, one of the best things you can do is to retain a child custody lawyer. A Maryland child custody lawyer will be experienced in negotiations and creating agreeable parenting arrangements. Serving the areas of Maryland, the District of Columbia, and Virginia, JGL child custody and divorce attorneys are here to serve you. Contact us today to set up a free appointment.
Darin L. Rumer is a partner in Joseph, Greenwald & Laake’s Family Law practice group. Mr. Rumer has successfully tried multiple divorce, custody and child support cases throughout the state of Maryland for over 20 years and routinely provides counsel to clients as they navigate a difficult and stressful time in their lives. Mr. Rumer routinely advises and represents clients in family law matters including child custody and divorce litigation, separation agreements, child support and alimony issues, property distribution issues, domestic violence, and all other areas of family law.
As the name would imply, a prenuptial agreement is an agreement determining how to divide your assets in the event of a divorce or dissolution of the marriage. So, you can’t enter into a prenuptial agreement after marriage, but that does not prevent you from reach an agreement on how to treat assets in the event of a divorce. While it is not discussed as frequently as prenuptial agreements, you can sign a post-nuptial agreement.
Just like prenups, postnuptial agreements are very common. They’re designed to determine who owns what in the event of a divorce, but they are also valuable documents for happily married couples. Financial issues are cited as some of the key causes of marital disharmony, and drafting a postnuptial agreement can help you communicate better about finances, supporting a healthy marriage.
So, how does a postnupt work? Here, we explore what a postnuptial agreement is, how to get one, and whether a postnup or prenup is right for you and your partner.
What is a Postnuptial Agreement?
There are three types of property, premarital, marital and non-marital. A postnuptial agreement outlines which assets will remain yours, which belong to your spouse, and which assets should be divided between you, should you choose to divorce.
If either you or your partner is a business owner, has a higher net worth, debt, or has to give up work to take care of children, a prenup or postnup can be highly beneficial for both of you. You can learn more by reading our blog post or listening to our podcast on “What is a Prenup and Who Needs One?”
Are Postnuptial Agreements Enforceable?
Yes – postnuptial agreements are enforceable, although a divorce court may not always agree with the document entirely.
As long as standard contractual rules are followed and the agreement doesn’t contradict with state laws (for example around financial support for children in the event of divorce) postnups and prenups are considered legally enforceable documents.
How to Get a Postnuptial Agreement
Whether you live in Maryland, the District of Columbia, or Virginia, it’s important that you work with an experienced legal team that is local to you, to ensure your postnuptial agreement is as valid as possible.
Request a consultation with a prenup and postnup attorney to get started.
Prenup vs. Postnup: Which is Right for Me?
So, what is the difference between a prenup and postnup? A postnuptial agreement gives you all the benefits of a prenup; other than the fact you’re already married at the time of signing, it’s essentially the same thing.
Perhaps your financial circumstances have changed since you got married – maybe you’ve received some inheritance or one of you has taken out a loan. These are great reasons to get a postnup.
If you’d like to set stronger financial boundaries to support your marriage, or have assets you’d prefer to keep should you separate, either a prenup or a postnuptial agreement can help. Providing a potential spouse limited time to review a prenuptial agreement and/or not having sufficient time to seek legal counsel to consult with for a prenuptial agreement may be a basis for a Court to set aside a prenuptial agreement later on. So, if you’re engaged and have sufficient time to draft and review a prenuptial agreement with an attorney prior to the wedding day, choose a prenuptial agreement, but if there is limited time to review a prenuptial agreement or you’re already married, a postnuptial agreement is right for you.
Get a Postnuptial Agreement in Maryland
The skilled attorneys at JGL Law can help you draft a postnuptial agreement with as much integrity and legal weight as possible. Contact our legal team today to schedule a consultation, for a happier marriage now, and a secure future.
