Track: Law

• Have you decided how to be taxed?
• Have you prepared an initial organizing resolution?
• Have you prepared an operating agreement?
• Are you doing business in other states?

The holiday season is just around the corner, and while that means that there will be delicious baked goods everywhere and your favorite movies on TV and great deals on all sorts of treasures, it also is a season of family and friends. Between travel and gifting buying and family traditions (both beloved, and otherwise), it’s hard to escape reflecting on family this time of year, regardless of what feelings that stirs up.

No matter what your family has been through in the 12 months, this is a good time of year to dust off those estate planning documents and remind yourself which important jobs you delegated to which sibling, uncle, child, or friend. Who has the power to manage your financial life or your health care decisions if you aren’t in a position to do so yourself? Who would have the power to manage your affairs after you pass away? Is your cousin really still the best person to be a back-up guardian for your kids, or did she commit to the ugly sweater competition with a little too much enthusiasm this year?

Here at Compass Law Partners, we routinely meet families whose loved ones died without estate planning documents, or whose most recent will was circa 1984. Loved ones come to us unsure of what to do if there aren’t documents in place or are unsure how to manage documents that are so old they’re hardly useful anymore. We are always happy to assist, but always do so knowing that there are ways their loved ones could have made the process easier for them.

We recommend you pair that trial version of the side dish you’re making for Thanksgiving with a review of your estate planning documents. We’re always on call to update or create new documents for you.

Parents

I, like many other parents, look forward to the kids heading back to school…not because I don’t love them but more because towards the end of the summer, they are just a bit much.

Now that the kids are back in school, you have time to focus on projects you have been putting off (for years) – including estate planning (Wills, Financial Powers of Attorney, Health Care Powers of Attorney, etc.).

Estate planning is the one extremely important service that is constantly kicked down the road.  It is likely that whenever you see a television show or movie with reference to a Will, you say “I/We need to do that.”  Then, that thought passes and the millions of other thoughts take over.

I am writing this to tell you that you should stop delaying and just contact Compass Law Partners.  The attorneys at Compass Law Partners will walk you through the process and make it as easy and understandable as possible.   If you make that call, not only will you be protecting your family, but you will never have to have that moment again where you say, “I/We need to do that.”  Instead, you can say, “I’m so glad we did that.”

College Students

Do you have a child in college?  Do you want to make sure you have the authority to speak with your child’s school (since you are paying his/her tuition) or with your child’s medical provider/therapist?

Well, surprise, you cannot.  Your child may still look like the fun 3-year-old (in my opinion, the best age) but, legally, he/she is an adult and must provide authorization to any medical providers and school administrators to speak with you.  The easiest way to provide that authorization is to have your college student sign a Financial Power of Attorney and a Healthcare Power of Attorney.

Although it is likely your child is already in school, this can still be accomplished using video conferencing.  Compass Law Partners has the technology and know-how to meet with clients through video conferencing software.  Then, your child can sign his/her documents when he/she visits you (a great reason to get them to visit).  Or, alternatively, Maryland law now allows Maryland residents to sign estate planning documents virtually. The attorneys at Compass Law Partners have experience in virtual signings and can easily guide your child through the process.

Now is the time to make sure you remain an important part of your child’s life.  Do not hesitate to contact Compass Law Partners to set up a consultation today.

Jen brings nearly a decade of experience working with families in a variety of settings to her work as a Wills and Trusts attorney.

She views legal documents that are commonly used to help families plan for the future as tools for investing in the relationships, stories, and causes that ultimately create a legacy.

Jen prioritizes a values-based planning process and takes time with each client to educate and counsel them through potentially challenging decisions.

The summer heat and humidity are surely here to stay for another month or two, and hopefully you have time for at least one more getaway before the arrival of pumpkin-spice-everything. Whether you’re heading to the beach, hiking in the mountains, or exploring a new city, we have some suggestions for ways to make your trip even more relaxing.

If you have minor children and have managed to leave them at home, have you given their caretaker the authority they need to take care of them in an emergency? There are a few ways to approach this depending on your state, but most of them are variations of a Power of Attorney or a Standby Guardian Designation.

Have you officially designated back-up medical decision-makers if both you and your spouse are injured on that amazing parasailing trip? If you haven’t decided on at least two tiers of medical decision-makers, you could be setting your family up for conflict, and, the person you would trust the most to manage your health may not come out on top. Set up or review your Advanced Directive for Healthcare to make sure your wishes are clear so you can parasail in peace.

We can help you check these hidden items off of your vacation to-do list, in addition to creating or updating your will or trust and other important estate planning documents.

On April 21, 2022, Governor Hogan signed Senate Bill 36 (Chapter 177) into law. His signature codified the procedure for electronically signing Wills that [-‘had been implemented by Executive Order during the pandemic.  This means that Maryland residents can execute their Wills in the comfort of their own homes.  Witnesses can be present in the “electronic presence” of the testator/testatrix via Zoom or other video conferencing software.  However, to ensure all formalities are followed, the law requires that a supervising attorney be present via video conference and that attorney must certify the electronic signing. The certification will then become a part of the Will.

Have you been putting off drafting your Will?  If so, please contact the attorneys at Compass Law Partners to get the process started.

Phishing scams have been on the rise over the past few years.  Phishing is the act of sending an email to an individual or business purporting to be a vendor/creditor and notifying of a recent account change. Frequently, the fraudulent emails so closely resemble previous emails from the actual vendor/creditor that it is extremely easy to become a victim.  While individuals are also victims of phishing scams, businesses seem to fall prey to these scams at a much higher rate.

If you become the victim of a phishing scam, you should notify your bank immediately upon learning of the scam.  Your bank will then notify the bank that received the funds. At times, there may be some funds remaining in the account that will be reimbursed to you. You should also notify the FBI and complete a report. The FBI is dealing with this every day and they will let you know that you are unlikely to recover the funds.

The final step you should take is to set up a consultation with an attorney at Compass Law Partners.  During that consultation, you will discuss the options available and the potential of successfully recovering some or all the lost funds.  While these types of recovery are difficult, they are not impossible.