LegalEase – March 2022

March 25, 2022

From Our Computers to Yours

Friends:

       Happy Spring!  At least we think it’s spring.  With snow blowing, the wind howling, and the temperature into the 20’s, it sure hasn’t felt like it.  Maybe by the time you get this….

Bienstock Law is hiring!  Our firm is growing, and we are looking for associate attorneys and administrative and paralegal support.  We have found in the past that our own network of “friends and family” can be a great resource.  We are looking for dynamic candidates with a service-oriented attitude who want to work in a small firm environment where what they do counts.

If you know anyone who might be a good fit, please ask them to get in touch with us!  They can reach out to Sheila at sheila@bienstocklegal.com and 301-251-1600.

We hope all is well with you and yours.

Your Attorneys,
Steve Bienstock
Josh Bienstock

MEDIATION

Resolving a legal dispute often means having a judge decide who “wins”.  However, Court can be a long, stressful, and expensive process.  Can you settle things if you are not on speaking terms with the other side?  Or if your positions are so far apart?  Or if you simply don’t know how to reach an agreement?

Mediation may be an option for you. Through mediation, you can speak directly to the other party with a trained, impartial professional facilitating.  By listening to each side’s needs, a mediator can help you reach a resolution by keeping both sides talking, instead of fighting. The mediator is not a judge, and will not give legal advice or make final decisions about the dispute, but will see if compromises can be made to resolve the issue.

Mediation is voluntary. If a mutually agreeable solution can’t be reached, you can’t be forced to accept a compromise.  Any agreements reached in mediation are only final when everyone is satisfied and sign a written agreement.

Sometimes a Court may order mediation if everyone thinks it might be helpful.  If you don’t reach an agreement, you still proceed with your case in Court.  Mediation is confidential, and mediators may not be called to testify about whatever you said during the mediation.

While there is never a guarantee that mediation will work for you, it’s an alternative to litigation that should at least be considered. Through mediation, you get to make the decisions on important matters in your life instead of having a judge who doesn’t know you do it.

What types of cases may be appropriate for mediation?  Divorce, custody, small claims, and other civil cases.

We can help you deal with your conflicts constructively. Our mediation services can be effective in resolving your legal issues. Please call or email us to learn more.

WHAT IS THE DIFFERENCE BETWEEN
AN UNCONTESTED DIVORCE AND A CONTESTED DIVORCE

Here is a very basic overview of the two paths to divorce:
Uncontested Divorce:

  • There must be “grounds”
  • There are residency requirements
  • Parties agree to all of the issues related to their separation and divorce
  • There is usually a signed separation agreement
  • The Court grants the divorce and incorporates any agreement in a brief hearing

Contested Divorce:

  • There must be “grounds”
  • There are residency requirements
  • Parties cannot agree on some or all of the issues related to their separation and divorce
  • There is a lengthy period of Court filings and hearings
  • The Court has a contested hearing and decides all of the issues

We are here to help you understand your options and navigate the divorce process.  Very importantly, we will protect your interests.

BELIEVE IT OR DON’T!

The Human Body . . .

  • Sideburns are named after American Civil War General, General Burnside.
  • Your taste buds are replaced every 10 days.
  • Tears caused by sadness, happiness, and onions look different under the microscope.
  • When you blush, the lining of your stomach also turns red.
  • “Sphenopalatine ganglioneuralgia” is the scientific term for brain freeze.
  • Similar to fingerprints, everyone also has a unique tongue print.
  • Most of the dust underneath your bed is actually your own dead skin.

. . . and Other Living Things

  • The Luna moth does not have a mouth and cannot eat – it will live only for about one week with the singular purpose of mating.
  • Since 1991, dogs have been banned from Antarctica, along with any other non-native species except humans.

Q&A

Q.  I’m the Personal Representative for my late brother’s estate.  Will I get reimbursed for paying his bills?

      A. That depends on several factors, including how much is in the estate.  Keep in mind that there are expenses that should be paid from the estate’s checking account, not your own.    

Q.  I’m setting up a pot trust in my Will for my three children   Can I put instructions in my Will for when they get the money, and for what?

      A.  Absolutely.  You and your attorney should discuss how you want to set up the Trust, and what the guidelines will be.

Q.   Okay, so what IS a pot trust?

      A.  A pot trust is incorporated into a Will to provide for your children’s (or grandchildren’s) financial needs in the event of your death.  You name a Trustee, who decides how the money is invested, and spent, for the beneficiaries’ needs.

Do you have a question for us?
Are there any topics you would like to hear more about? 
Email our Paralegal, Sheila, at sheila@bienstocklegal.com
or call us on 301-251-1600.