Common questions, plainly answered.
Short answers to what people ask me most often. Every situation is different, so treat these as a starting point and call me about yours.
Wills, trusts and probate
Planning ahead, and settling an estate in Maryland.
Do I need a lawyer to make a will in Maryland?
Maryland doesn't require one. A will just has to be in writing, signed by you, and witnessed by two people. But small mistakes in wording or signing are common, and they tend to come to light only after you're gone, when no one can fix them. A lawyer also helps you think through the parts people miss, such as who would raise your children and what happens to accounts that already name a beneficiary.
What happens if I die in Maryland without a will?
Maryland law decides who inherits, usually your spouse, children or other close relatives, in shares set by statute. Those shares may not match what you would have chosen. If you have young children and no will, a court decides who becomes their guardian.
What is a living trust, and do I need one?
A living trust holds your property while you're alive and passes it to your family when you die, under rules you set. Its main advantages are that it usually avoids probate and keeps the details private. A living trust is not something you always need, but many families can benefit from its advantages. We can decide together which fits your situation.
Can I avoid probate?
Often, at least in part. Property held in a living trust, accounts and/or life insurance with a named beneficiary or a transfer-on-death designation, and property deeded with a right of survivorship or as a life estate usually pass outside probate. The right mix depends on what you own and who you want to receive it.
Is probate always a bad thing?
No. Probate is court supervision of an estate. It gives the family a clear process, sets a deadline for creditors to come forward, and gives heirs clean title to what they inherit. For some families, especially when relatives may disagree, that structure is a benefit.
How long does probate take in Maryland?
A typical estate can take many months or more to settle, depending on the estate and the court. Small estates, generally under $50,000, or $100,000 if the spouse is the only heir, can use a simpler process that is often completed much faster.
How much does probate cost?
It depends on several things, including how complex the estate is to administer and whether any litigation becomes necessary. In general, the costs of probate are paid out of the estate's assets, not by the personal representative personally. Contact us to talk through the administration process for your loved one's estate.
A loved one just died. What should I do first?
Look for the original will and keep it safe. Secure the home, car and valuables, and keep paying important bills such as insurance. Don't hand out property or money yet, even if the will seems clear. The will is filed with the Register of Wills in the county where the person lived, and a personal representative is appointed before anything is distributed. I can walk you through each step.
Immigration
Green cards, citizenship and family cases.
Can you help me if I don't live in Maryland?
Yes. Immigration is federal law, so I can represent clients wherever they live in the United States.
¿Puedo hablar con usted en español?
Sí. Hablo español y puede hacer su consulta completamente en español.
Is a notario the same as an immigration lawyer?
No. In many Latin American countries a notario is a legal professional, but in the United States a notary public has no authority to give immigration advice. Only a licensed attorney or an accredited representative can. Mistakes on immigration forms can cause serious problems, so check who you are working with.
Should I talk to a lawyer before I file with USCIS?
It's a good idea, especially if you have ever had an arrest, a prior application denied, a gap in status, or time spent outside the United States. Those are the details that most often cause delays or denials, and they are much easier to address before you file.
How long does a green card or citizenship case take?
It depends on the type of case and the USCIS office handling it, and processing times change often. USCIS posts current estimates on its website, and I can tell you what to expect for your case at our consultation.
Employment and severance agreements
What to know before you sign.
How long do I have to sign a severance agreement?
Read the agreement for its deadline. If you are 40 or older, and the agreement asks you to waive applicable rights, federal law usually gives you at least 21 days to consider it (45 days in a group layoff) and 7 days to change your mind after you sign. Contact a lawyer as soon as you receive it, rather than near the deadline.
Can I negotiate my severance?
Often, yes. Employers expect some people to ask, and a polite, well-reasoned request can improve the payment, the timing, health coverage, or the terms you're agreeing to. Whether there is room depends on your situation and the rights you would be giving up.
Is my non-compete enforceable in Maryland?
Maybe. Maryland bans non-competes for lower-wage workers and limits them in some fields, and courts look at whether the restriction is reasonable in time, place and scope. Whether yours holds up depends on a number of considerations, so it's worth having it reviewed before you sign or before you take a new job.
What should I look for before signing an employment agreement?
Pay and bonus terms, how and why you can be let go, what happens to unpaid bonuses or commissions when you leave, and any clauses that follow you afterward, such as non-competes, non-solicitation, confidentiality and arbitration.
These answers are general information, not legal advice for your situation. Reading them does not create an attorney-client relationship.
Have a question that isn't here?
Ask me directly. The first conversation is where we figure out what you need.