Dear Friends:
Hard to believe, but it’s time to say goodbye to summer. However, now we get to enjoy cooler weather, football, the changing of the leaves, and the fall holidays.
We hope you enjoy this issue of our newsletter.
Your attorneys,
Steve Bienstock
Josh Bienstock
New Laws
If you have questions on how any of the following laws might impact you, don’t hesitate to reach out to us. Call us on 301-251-1600, or email our paralegal team at sheila@bienstocklegal.com.
Federal:
- The federal estate tax exemption has been set at $15 million per person and will increase each year.
Maryland:
Effective July 1, 2025:
- A task force will now see if Maryland’s probate system should be overhauled. Currently, the Orphan’s Court and the Register of Wills oversee most probates, while the Circuit Court handles guardianships, trust matters, fiduciary litigation, and probate appeals.
- Watch for signs! Many Montgomery County intersections now prohibit right turns on red.
- There is now a 3% sales tax on technology services like cloud storage, data processing, and cryptocurrency mining.
- Landlords now have to attach a tenant’s “bill of rights” to their residential leases.
- Cryptocurrency ATMs are coming.
- GED tests will now also be offered in Spanish.
Effective October 1, 2025:
- If you’ve had a final protective order issued against you, and you’ve gone to jail for the act that caused the order to be issued or subsequent acts against that same person, you may now agree to the entering of a permanent protective order against you.
- If you’ve signed up for an automatic renewal of a consumer offer, you now have to be given an easy way to cancel it.
- Jay’s Law authorizes a person to ride a bicycle or play vehicle on most sidewalks.
- Speed camera tickets now have escalating fines from $40 to $425 depending on your speed.
- Your conventional home mortgage is now assumable as part of your divorce; you won’t have to refi.
- If your car is towed because of a violation, you now have to be notified through the MVA.
- A Trust’s trustee may now resign without Court approval if 30 days’ notice given.
- Unpaid child support now has a higher priority in underfunded estate distribution.
- You must now be allowed a payment plan if you owe more than $300 in unpaid tolls and penalties.
Child Custody in Maryland
Even in the most amicable circumstances, divorce is difficult, especially when there are children involved. If parents cannot agree on who gets custody of the children, the court will make that decision. This article briefly explores child custody in the Maryland courts.
First, it is helpful to be aware of the various types of custody:
- De facto custody: who has custody before the court is involved
- Emergency custody: when there is an imminent risk of harm to a party and/or the minor child
- Legal custody: who has the right to make long-term plans and decisions related to education, religious training, and medical care. This can be sole or joint.
- Pendente lite custody: temporary custody pending the litigation
- Physical custody: where the child will mainly live. This can be sole or shared.
- Split custody (of 2 or more children): Each parent has 1 or more child(ren).
The court looks at the best interests of the children when deciding custody. Many factors are considered, including (but not limited to) who was the primary care giver; fitness, character, and reputation of each parent; material opportunity; age, health, and gender of the child; living conditions, etc.
Custody arrangements are not necessarily permanent. As situations change, a parent (or grandparent or third party) can petition the court to modify a court order that previously granted custody.
This is just a glimpse into the complexities of custody and the courts. As is often the case, more information just creates more questions. If you are facing divorce and/or custody decisions, please be assured that we are here to help.
Believe it, or Don’t
- On June 1, the Orange Crush became Maryland’s official State cocktail.
- In Caroline County, Maryland, fortune telling is illegal.
- In Los Angeles, California, it is illegal to lick a toad.
- In Little Rock, Arkansas, it is illegal to honk your car horn at a sandwich shop after 9:00 p.m.
- In Louisiana, it is illegal to steal an alligator. (Also, gargling in public is prohibited.)
- In Vermont and West Virginia, it is illegal to whistle underwater.
- In Alaska, it is illegal to whisper in someone’s ear while they are moose hunting.
- In El Salvador, if you transport a human corpse in your vehicle without authorization, you can be fined.
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.