Living Will, Advance Medical Directive| Baltimore , MD

Living Will / Advance Medical Directive

A Living Will applies to situations when:

  • You are diagnosed as terminally ill. It can direct your doctor to direct that your life not be extended by life-sustaining procedures, including the administration of nutrition and hydration artificially.
  • You are in a persistent vegetative state, that is, not conscious and not aware of your environment or able to interact with others, and there is no reasonable expectation of recovery. You may direct that your life not be extended by life-sustaining procedures, including the administration of nutrition and hydration artificially.
  • You have an end-stage condition, that is a condition caused by injury, disease, or illness, as a result of which you have suffered severe and permanent deterioration indicated by incompetency and complete physical dependency and for which, to a reasonable degree of medical certainty, treatment of the irreversible condition would be medically ineffective. You may direct that your life not be extended by life-sustaining procedures, including the administration of nutrition and hydration artificially.
  • You are suffering. You may direct that, no matter what your condition, medication be given to relieve pain and suffering, if it would shorten your life.

When you have an Advance Medical Directive:

You can make a Health Care Agent Appointment, which allows you to make health care decisions based on the health care instructions you give and on your wishes as otherwise known to the Agent.

Guardian| Baltimore, MD

Naming A Guardian Legal Tip #4 | Rudow Law Group LLC

“The Guardian and Successor Guardian”

Guardian Selection:

If you have a spouse, they are usually chosen as the Guardian for any surviving minor children (under the age of 21) and their property. Otherwise the minor(s) other parent is usually selected. Next on the list would be a trustworthy relative, then a trustworthy family friend. However, a Successor Guardian should also be appointed.

Reasons to appoint a Successor Guardian include: your firstly appointed guardian is unable to to serve as the legal guardian and in the event that your firstly appointed guardian somehow spouse becomes unable to serve as the legal guardian before the minor(s) attain majority (turn 21).

Also, make sure to request that the legal guardian of any of my minor(s) not be required to furnish bond for the faithful performance of their duties.

Personal Representative |Baltimore, MD

What does a Personal Representative do? Legal Tip #3 | Rudow Law Group LLC

“What does a Personal Representative do?”

A Personal Representative has the power and authority, in their discretion, to do any and all things necessary for the complete administration of your as stated in your will, and anything other matter granted by law.
The main point of the Personal Representative is to allow them to administrate all those necessary things without court order or prior application to any court. They essentially manage your estate and assets.
You also ought to appoint a Successor Personal Representative, who will preform the role if the first person named as Personal Representative is unable to fulfill their duties.

Common Roles of the Personal Representative:

  • To administrate payment of debts and funeral expenses
  • To retain all property of your estate
  • To allocate different kinds or disproportionate shares of property or undivided interests in property among the beneficiaries and to determine the value of any such property
  • To make loans to any person ( including any beneficiary)
  • To sell, lease, or exchange any real or personal property of your estate, and to determine the prices and terms of sales, loans, leases, exchanges and options
  • To borrow money and to mortgage or pledge any property of your estate
  • To employ attorneys, auditors, investment advisers and similar professionals and to act without independent investigation upon their recommendations.
  • To collect, pay, contest, compromise or abandon claims of or against your estate, wherever situated; and to execute contracts, notes, conveyances, leases and other instruments
  • To make any distributions of your estate in cash or in kind or both

Compensation for the Personal Representative:

The Personal Representative shall be entitled to compensation for their services as provided for under the law in effect at the time that compensation is payable. The Personal Representative is also reimbursed for all reasonable expenses incurred during the performance of their duties.

What is a Bequest? (Legal Tip #2)

What is a Bequest? Legal Tip #2 | Rudow Law Group LLC

“What is a Bequest?”

When you make a bequest in a will, you are giving instructions to leave personal property to someone. Real estate isn’t counted as a bequest, it is called devise.
There are two types of bequest.

General Bequest:

I give to my spouse, «Spouse Name», if they survive me, all of my household and personal effects and other tangible personal property, except as stated expressly below, including by way of illustration, without limitation, automobiles, boats, sports equipment, jewelry, china, glass, clothing, furniture, rugs, silverware, books, etc., regardless of where located, together with any unexpired fire and casualty insurance policies thereon.

Specific Bequest to «Beneficiary»:

I give to «Beneficiary», my «Tangible Personal Property».

EXAMPLES:
I give to my cousin Mark, my guitar.
I give to my sister Susan, my vintage comic book collection.

Will, Wills| Baltimore, MD

How often should I change my Will? Legal Tip #1 | Rudow Law Group LLC

“How often should I change my Will?”

When to Change a Last Will & Testament:

  • Review every 2-3 years
  • When marital status changes
  • When have a child or adopt one
  • Estate or Inheritance taxes change
  • The needs of your beneficiaries change
  • The amount of your assets change a lot
  • You no longer something you left to a beneficiary
  • A Personal Representative, or Guardian dies or is no longer capable of performing their appointed task(s)