Bittinger Estate Planning Lawyer, Maryland

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Includes: Gift Taxation

Donald S. Goldbloom Lawyer

Donald S. Goldbloom

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Divorce & Family Law, Traffic, Bankruptcy & Debt, Accident & Injury, Estate

Donald S. Goldbloom has been practicing law in the Grantsville area since 1996. Formerly, he worked as an attorney in both Baltimore and Cumberland, ... (more)

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301-895-5240

Linda S Sherbin

Real Estate, Federal Appellate Practice, Government, Trusts
Status:  In Good Standing           Licensed:  45 Years

Joshua Allan Nolan

Dispute Resolution, Federal Appellate Practice, Estate, Divorce & Family Law
Status:  Inactive           Licensed:  6 Years

Jayci Shaw Duncan

Real Estate, Estate, Family Law, Divorce & Family Law
Status:  In Good Standing           Licensed:  22 Years
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Brandon James Hoover

Landlord-Tenant, Traffic, Wills & Probate, Estate
Status:  In Good Standing           Licensed:  12 Years

Brandon James Hoover

Power of Attorney, Motor Vehicle, Wills & Probate, Credit & Debt
Status:  In Good Standing           Licensed:  12 Years

Gary E. Sabo

Real Estate, Estate, Business, Corporate
Status:  In Good Standing           Licensed:  16 Years

Craig M Ingram

Tax, Real Estate, Estate, Property Damage, Power of Attorney
Status:  In Good Standing           Licensed:  48 Years

Mary Elizabeth Georg

General Practice
Status:  In Good Standing           Licensed:  14 Years

Linda Dodd-Major

Real Estate, Lawsuit & Dispute, Estate, Employment
Status:  In Good Standing           

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LEGAL TERMS

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

SAMPLE LEGAL CASES

Blondell v. Littlepage

... Noble v. Bruce, 349 Md. 730, 733, 709 A.2d 1264 (1998), rejected a third party beneficiary argument in consolidated cases involving malpractice actions by testamentary beneficiaries for negligent estate planning and negligent drafting of the testator's will, respectively. Id. ...

Attorney Grievance v. Coppola

... the Maryland Rules of Professional Conduct ("MRPC" or "Rule"), including Rule 1.2(d) (Scope of Representation), [2] Rules 3.3(a)(1) and (a)(2) (Candor Toward the Tribunal), [3] and Rules 8.4(a), (b), (c), and (d) (Misconduct), [4] with regard to estate planning services provided ...

Karsenty v. Schoukroun

... Facts. This case arises from a decedent's inter vivos distribution of his assets through the use of both probate and non-probate estate planning arrangements. ... This case centers on the estate planning arrangements that Gilles made in the last three to four months of his life. ...