This week, Denise Bowman explains how to ensure your interview questions don’t result in a claim against your company.
It is important to carefully consider all of your interview questions when looking for a new employee. The best-intended questions can get you in trouble if you are not aware of the state, local and federal laws that regulate the questions prospective employers can ask. Read more
Denise Bowman has been a practicing attorney for over 25 years. She is licensed in the state of Maryland and the District of Columbia. Denise made her transition to Davis, Upton & Palumbo, LLC in 2016 when she decided she wanted to work in the community where she has lived with her husband, raised a family and where all of her friends and family are. It is a passion of Denise’s to give back to her community the way she has throughout the state of Maryland. She joined Davis, Upton & Palumbo because they live by the motto “exceeding expectations” and that is important to her as she wants her clients to know that she has done the best she can do for them.
Denise is involved in a number of professional associations and has served the community with several professional appointments over the years. Currently, Denise serves as a Mediator for the District Court of Maryland Prince George’s County Alternative Dispute Resolution Program and is a Member of the Trial Courts Judicial Nominating Commission for Commission District Thirteen – Prince George’s County. To learn more about Denise Bowman click here or contact us today.
When you need to change your will, there are a few ways that you can accomplish your goal depending on your circumstances.
The first way you can change your will is to execute a new will. If the changes to be made are major, it would be advisable to make an entirely new will to avoid any confusion. The first clause will always revoke any old wills, thus making the current one the only enforceable will.
The second way to change your will is by adding a codicil, which is generally recommended when there are minor changes to be made. A codicil is similar to an amendment or addition to your will. A codicil is used to revoke part of your will or add a new provision. To be valid, they must be dated, signed and witnessed just like a legal will.
Lastly, if there is a section of your will you want to revoke it is not valid to cross it out. However, physically tearing up a will can validly revoke it, provided it was your intention to revoke the will. If no new will is made to take place of the destroyed one, then what happens to your property will be determined by rules set down by statute which may not be what you wish to happen.
At Davis, Upton & Palumbo LLC, our Estate Planning Attorneys will explain your options to you and assist you in making what can sometimes be very difficult choices. To learn more about our Will and Probate practice area click here or contact us today!
A payable on death account, also known as a poor man’s trust, is an account in which you are in total control. You will be able to control your money and determine who will be titled the beneficiary of the account. In the event of your death, the asset of the account will be passed directly to the beneficiary and will not go through your probate estate. To set this up you have to properly notify your bank, CD or account holder that you want to have a designated beneficiary.
As long as you are alive, in a payable on death account the person you named as a beneficiary has no rights to the account. You will have full access to your money. You can spend it, keep it, or change your beneficiary at any time. The only time it becomes permanent is upon your death and the beneficiary receives the money.
Keep in mind, you can not shortchange creditors or your family with a payable on death account. Avoiding probate does not avoid your legal obligations. In the event that you don’t leave enough assets to pay your debts, taxes, or to support your spouse and minor children, a payable on death account may be subject to the claims of creditors or your family.
At Davis, Upton & Palumbo LLC, our Mission is to Exceed Your Expectations in all that we do. Our firm is organized into specific legal Practice Groups to allow our individual attorneys and staff to develop extensive experience in selected areas of the law. If you’d like to learn more about our practice areas click here or contact us today.
A jointly titled bank account is a specific type of account that held by more than one person where there is a right of survivorship. There are no restrictions regarding who can be an owner, which can include spouses, friends and business partners, among others. Everyone named on the account has equal access to funds, regardless of who deposited the money.
One distinct feature of a joint account that is the “right of survivorship, ” which is an option on all standard joint bank account forms. Joint bank accounts may not be right for everyone. The rules for how your money is handled in the event of death or divorce will vary depending on the type of joint account you open and your state’s laws.
If your joint bank account carries a right of survivorship, the account bypasses probate in the event of an owner’s death. Because probate can be a costly and time-consuming process, a joint account with a right of survivorship can help make sure funds are available to pay bills without delay after one party’s death.
If your account carries a right of survivorship and you die, your account will not be included in your estate and therefore will not honor any instructions in your will, if you have one. This could lead to an unintended consequence if you meant to leave your money to your heirs, and not your co-owner. Also, the account must be managed by all individuals on the account. That means that you will be liable for any overdrafts, judgments or liens whether you created those judgments or liens.
In conclusion, there are advantages and disadvantages to jointly titled bank accounts and you should consider those factors before opening an account.
At Davis, Upton & Palumbo LLC, we are Problem Solvers – Not Problem Creators. We think globally in analyzing problems and difficult situations facing the business owner to develop the resolution that best addresses all facets of the issue. To learn more about our Corporate & Business services click here or contact us today.
Many people wonder what will happen to their home if they die without a will. There are a few different scenarios depending on how the title for your home is set up. If your home is titled Tenants by the Entirety, that is when the title is in both the Husband and Wife’s name, the house will automatically go to the surviving spouse and the home will not have to go through Probate Estate. This is also the case if the husband and wife are Joint Tenants on the title for the property. However, if you die without a will and the property is not titled as Tenants by the Entirety or Joint Tenants, then it will pass pursuant to the statute through the Probate Estate.
If you die without a will and your property does go through the Probate Estate there are several factors that play into how the property is divided.
In conclusion, if you want your estate to go to a particular person or be distributed in a certain way it is essential that you have a Will.
At Davis, Upton & Palumbo LLC, our attorney’s help their clients better understand their choices along with describing the options in plain language so that there is no confusion.To learn more about our Will and Power of Attorney services click here or contact us today.
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Senior Counsel Denise Bowman, Esq. explains the process of estate distribution when there is no will. ... See MoreSee Less View Comments
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