Yes, we all need a will and estate plan.

When we hear the words ‘estate planning’ many misunderstand its significance for all income levels; it really does apply to all of us. The first element, the will, and the second, trusts, when applicable, form the important foundations of a financial document whose basic purpose is to secure your estate, of any size. For those of us who decline to write a will, the State of Maryland will direct the disposition of assets through the law of intestacy as found in the Estates and Trusts Article of the Maryland Code. The will is essential, serving as your voice when you are gone. It allows you to determine beneficiaries, designate guardians for your children, reduce estate taxes, and contribute to preferred charities. While not everyone needs trusts, they are a way of supporting the will by specifically naming who manages your estate and even placing conditions on the distribution of your assets. An estate plan, finally, is a gift to your family. By preparing and planning not only will your estate be distributed as you wish, but you will help avoid potential conflict among members of your family after your...

Why is mediation ordered by courts in family law cases?

When families are in conflict, mediation may be the ideal way to resolve problems, particularly in regard to finances and children. Interestingly, over the past twenty years, Maryland courts have adopted rules to require litigants in custody disputes to participate in mediation. Typically, Maryland courts order litigants with a dispute involving their children to participate in a Parenting Seminar and to attend a minimum of two sessions of formal mediation with a certified mediator who has completed extensive training required by the courts. Why do courts order mediation and what can we learn from this? Disputes related to families are associated with about one half of all civil cases. Moving these cases along efficiently is certainly one goal of our courts. Mediation is a tool that has been shown to help people resolve their differences by creating a safe environment to speak openly and clearly. It is also not unusual in mediation to uncover the source of a problem that really is not something that courts can address. Mediation often is less expensive that a litigated case that goes to trial. Mediation may lead to an agreement that is durable and mutually acceptable simply because the parties came to their own conclusions and a court did not impose a result. In such instances, the likelihood that the parties will return to court is reduced. I think that the courts are really on to...