LegalEase – September 2020

From Our Computers to Yours

Friends:

I am excited to share a personal story that has taken on a life of its own.

As so many have experienced, when COVID-19 forced us into quarantine, my wife, Jen, and I missed connecting with friends and family. One day, as a “thank you” for sharing masks, we dropped off a mixed 4-pack of local craft beer to friends. Their excitement over that simple gift was infectious. We started dropping craft beer to friends and family with a note from “The Beer Fairiez” that included an invitation for the recipient to spread the good cheer to others. And so, out of love for craft beer, friends, and community, a movement began.

Now, in partnership with local breweries and businesses, the Beer Fairiez are making surprise drops of craft beer to Montgomery County First Responders and Essential Workers. While many of us were quarantining, these heroes have not had that option. They were keeping our local communities open and safe. Recently, the Montgomery County Council took notice.

We are thrilled with the interest shown for this initiative, and appreciative of the media coverage it has received.  (The Beer Fairiez were featured on WTOP, twice on Fox 5 News, and on Source of the Spring,)

To learn more about this initiative, our generous partners, and how you can get involved and say “thank you” to our local heroes, please visit The Beer Fairiez website. For updates on our drops and other fun posts, visit The Beer Fairiez Facebook page.

Josh Bienstock
Partner


VOTING IN MARYLAND
2020 PRESIDENTIAL GENERAL ELECTION

Election Day is November 3, 2020, and, as we all know, the COVID-19 pandemic has impacted our voting process this year.  In Maryland, voting in the 2020 November General Election can be done in person during early voting, in person on Election Day, or by mail-in ballot.  (Note that Vote By Mail ballots will not automatically be mailed to all active registered voters as was done for the June 2 Primary Election.  Instead, voters will get Vote By Mail / Absentee Ballot applications. You need to fill out and return the application to get a mail-in ballot.  Don’t delay!)

For more information, visit the Maryland State Board of Elections website.


ESTATE PLANNING

In our February 2020 newsletter, we summarized the four key estate planning documents:  Last Will and Testament, Power of Attorney, Medical Power of Attorney, and Advanced Directive (also called Living Will),   In this article, we’ll explain how the preparation process works and what you can expect.

Step 1: Initial Consultation
  • We’ll chat with you over the phone and discuss all aspects of making a Will as well as your other estate documents.  (Once the public health crisis has passed, we look forward to resuming our in-person initial consultations.)
  • We’ll talk about:
    • What are Specific Bequests? Contingent Bequests?  General Bequests?  To whom do you want to leave your property and how do you want it distributed?
    • What is a Guardian for your minor children and how do you choose one?
    • What is a Pot Trust? Whom do you want to be Trustee of that Trust?
    • What is a Personal Representative, and whom do you want to name?
    • What are Powers of Attorney (medical and financial), why are they important, and whom do you wish to name?
    • What exactly is a Living Will?
Step 2: Homework
  • You probably won’t know everything you want to have in your Will at the end of our initial consultation.  That’s normal.  So you’ll have “homework” to do to get us the answers so we can finish drafting your documents.
Step 3: Drafting
  • After we have all your information and decisions, we’ll begin drafting.
  • Depending on your urgency and our trial schedule, the documents should take between 2 and 3 weeks to complete.
Step 4: Signing
  • When the documents are complete, we’ll set a time for you to come in and sign them in our office.
  • We supply the witnesses in front of whom you must sign your documents.

(Please be assured that health and safety are a priority.  During the pandemic, our standards are high for CDC compliance.)

Hopefully, this helps you understand how we will help you through each step of the process.

Missed the February 2020 newsletter with the article on estate planning?
You can link to previous issues via our Facebook page:
Bienstock Law, LLC Facebook page.

TIPS FOR CHOOSING THE RIGHT ATTORNEY

How does one choose the right attorney?  This is such an important decision and often is one that needs to be made at a time when you are very vulnerable.

A good resource for finding an attorney is your own network.  Ask family members, friends, colleagues, and business professionals, like your accountant, financial advisor, or realtor.

You don’t have to decide on an attorney “sight unseen.”  You’ll have an opportunity to interact with a prospective attorney during an initial consultation.  This is usually done for a flat fee, a reduction from the attorney’s standard hourly rate.   During this initial consultation, you will explain your situation and ask for the attorney’s advice.

Very importantly, this is also when YOU interview the attorney.  Does he listen and encourage questions?  Is the attorney a good communicator, with clear and concise answers?  Does he ask a lot of questions to understand your specific situation?  What is the attorney’s experience in dealing with the issues you raise?  Did he explain the legal implications of your situation?  Do you feel that he will fight for you if that is what is needed?

Remember that, if you hire the attorney, you will also be working with the firm’s staff.  Were you treated courteously when you called the office?  Did you get a feeling of efficiency and competency?  A pleasant, well-trained staff reflects favorably on the character of the attorneys and the conscience of the firm.

We hope that your quest to find the right attorney brings you to us.  You and your legal matters are important to us. As your family’s attorney, we are here for you when you need us. It is often a problem or sensitive situation that brings you to our office in the first place, and we get that. We listen, and we care.

We appreciate the opportunity to be of service.


BELIEVE IT OR DON’T!

  • The word “mafia” is never mentioned in the film version of The Godfather because the actual mafia demanded it.
  • In Oklahoma, it’s illegal to take a bite out of another person’s hamburger. 
  • Prosecutors in Louisiana have now agreed to release a veteran serving a life sentence….for selling $30 worth of marijuana. 
  • The average American spends 9 years watching TV.  (And that was pre-pandemic!) 
  • In China, students face 7 years in jail for cheating on college entrance exams. 
  • Until 1950, U.S. weathermen were forbidden from talking about tornadoes. 
  • It only takes 6 minutes for brain cells to react to alcohol. 
  • Pennsylvania still charges its citizens an 18% tax on alcohol to pay for damages from the 1936 Johnstown flood. 
  • Every night, the U.S. Constitution is lowered into a bomb-proof safe at the National Archives. 
  • In the U.S., approximately 1 million dogs are named the primary beneficiary in their owners’ wills.

Q & A

Q.  My spouse lives out of state.  Can I still file for divorce in Maryland?
  • At least one party must live in Maryland.  If the grounds for divorce occurred outside of Maryland, then one party must have been a resident of Maryland for 6 months before filing.  Of course, residency is just one of the requirements for divorce.  If you have questions, e.g., contested versus uncontested divorce, and limited versus absolute divorce, let’s talk about your personal situation.
Q.  In my brother’s Will, he appointed me to be his Personal Representative.  What will I have to do when he passes away?  Also, is a Personal Representative the same as an Executor?
  • Let’s answer the second question first.  Yes, a Personal Representative and an Executor are the same.  As the Personal Representative, some of your responsibilities will be to pay your brother’s funeral expenses, taxes, and other debts or expenses from his assets; make distributions during the administration of his estate; and file all required documents with the Court during probate (the Court process of making sure the deceased’s wishes are carried out).  You’ll be the one to go through his home and paperwork to determine what assets and liabilities he had.  When the time comes, you may find it helpful to engage the services of an attorney to assist you with probating his estate.  Bienstock Law provides these services, and we would be pleased to discuss this with you.