by Cynthia M. Lifson | Jun 28, 2018 | Notes from the Desk of Cynthia Lifson
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...
by Cynthia M. Lifson | Jun 21, 2018 | Uncategorized
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...
by Cynthia M. Lifson | Apr 2, 2018 | Notes from the Desk of Cynthia Lifson
While it may not be now on today’s top 40 list of songs, one great American standard truly resonates with older people. The song, recorded by many, including Frank Sinatra, is called “The Second Time Around.” The lyrics go like this: Love is lovelier the second time around Just as wonderful with both feet on the ground It’s that second time you hear your love song sung Makes you think perhaps that love, like youth, is wasted on the young Love’s more comfortable the second time you fall Like a friendly home the second time you call Who can say what brought us to this miracle we’ve found? There are those who’ll bet love comes but once, and yet I’m oh, so glad we met the second time around How wonderful! But as is true with many things, consideration of the practical is also an important aspect of maintaining, as the song says, “this miracle.” Older people who have acquired experience and hopefully wisdom while on life’s journey can certainly understand this. To that end, it is important for older couples to think carefully about arrangements that they may choose to make in establishing a household with another in later life. For some, marriage is appropriate, while others may prefer a domestic partnership arrangement or a situation where each maintains his or her separate residence, sharing only in certain assets and liabilities. There is not necessarily a perfect right or wrong answer. A conversation with an attorney can help sort out which approach is best suited in your situation. Basic documents such as prenuptial or domestic partnership agreement can...
by Cynthia M. Lifson | Jan 2, 2018 | Notes from the Desk of Cynthia Lifson
Settlement or Court Litigation During Your Divorce A quick check of the dictionary indicates that the word “settle” has many meaning. Settle can mean, among other things, to agree, covenant, compensate, reconcile, mend, compromise, reside, or verify. As I use the word, settle or settlement means to resolve a dispute. While representing clients over the years, I have identified certain factors to consider when addressing the pros and cons of a proposed settlement. The basic calculus boils down to resolving a dispute through negotiation with an opponent or by way of a judicial decision. To begin, settlement does not mean capitulation. If an opponent’s position is so rigid or fundamentally divergent from what the law would provide, resolution by court is appropriate. That being said, the contrast between negotiating with an opponent and the uncertainty in determining a court outcome is not usually so stark. Settlement, particularly in divorce or custody cases, is made up of many shades of gray. It is also useful to understand that a court decision is inherently limited by the boundaries of the law. Judges are prohibited from granting relief for anything other than what is available to a party through statute or case law. These boundaries can diminish the creativity of parties to find a solution to the problem that they really may wish to address. Similarly, the emotional concerns of parties are rarely dealt with adequately when a dispute is resolved through a judicial decision, especially in fights that involve members of a family. Resentments that are not dealt with because of the limitations of the litigation process can continue...
by Cynthia M. Lifson | Jan 2, 2018 | Notes from the Courts
Mediation is a popular dispute resolution tool. During a typical mediation, the parties sit down with an impartial mediator who facilitates discussions between the parties with the goal of having them reach a mutually acceptable agreement. A mediator may help identify issues and options, assist the parties and their attorneys in exploring the needs underlying their respective positions, and upon request, record points of agreement expressed and adopted by the parties. The mediator does not recommend terms of an agreement. Parties in a dispute can always engage the services of a mediator before filing a claim in court. Over the past twenty years, courts have also recognized the utility of mediation and have routinely made referrals to court-appointed mediators in civil cases, notably family matters, but also in relation to business disputes and probate actions. By using mediation to facilitate settlements, courts can clear their dockets and operate in an efficient manner. While disputes may be resolved by courts, most people prefer to avoid the expense and lengthy time commitment associated with a trial. Court records are also generally open to the public, while mediation places a premium on privacy. Standards of conduct for a mediator, including procedures related to confidentiality, have been incorporated in Maryland law and continue to evolve. The recently reported Maryland case, Sang Ho Na v. Malinda Gillespie, gives us insight into the matter of confidentiality during a mediation procedure. The mediation in the case involved a custody dispute between two parents. Prior to a hearing before a court on custody, the parents attended a private and voluntary mediation. As a part of this procedure, the...
