The Philosophy of a Client Care Program – Intentionalism

May 07, 2020 · 9 min read

By: Stephen R. Elville – President and Principal Attorney -- Elville and Associates, P.C. You are searching for a client care program (whether you know it or not). Yes, you are. Whether you are consciously aware of this or not is the purpose of this article. You do want your estate plan – your Last Will and Testament; or your will substitute, your Revocable Living Trust, to work as you intend it to. You want the terms and provisions of those documents – your documents - to accurately reflect your current thinking and address the current circumstances of your life and the lives of your family members; you want your estate plan to be updated in accordance with the latest changes in the laws, including the tax laws; and you want your financial assets – non-retirement assets such as cash in checking, savings, money market accounts, and certificates of deposit, mutual funds, stocks, bonds, real estate, tangible personal property, intangible personal property, business interests such as ownership in corporations or limited liability companies; beneficiary designated assets such as life insurance, annuities, payable on death accounts, transferable on death accounts; and retirement-type assets (also beneficiary designated) IRAs and qualified plans such as 401(k)s, Thrift Savings Plans, 403(b)s, and 457 plans – to either be intentionally controlled by the terms and provisions of your will or trust; or to intentionally not be controlled by those terms and provisions and instead flow in certain other directions – all intentionally. This intentionalism I will call it is the essence of what real estate planning is all about. Everything else concerning the subject of estate planning fades into insignificance by comparison. If you are not extremely intentional in your estate planning (and this includes elder-related planning, special needs planning, and business planning), your planning will possibly collapse. Since we know that no rational person wants his or her estate plan to risk failure, let’s first remove any doubt that an estate plan can easily fail. Estate plans can collapse or fail for many reasons, but most of us do not consider just how easy it is for this to happen. Before we review several examples, let’s define what estate plan collapse is by first considering what estate planning is. This is challenging because each person’s estate planning goals are different and therefore each person’s definition of estate planning can be different. But for our general purposes here, one general definition of estate planning might be this: estate planning is the process of disposing of my assets, to the persons or organizations of my choice, at the lowest possible cost. Notice with special emphasis the word process. Others might define estate planning as one or more of the following: ensuring that assets never go to my spouse’s potential new spouse; or protecting against the new spousal elective share law; or making sure estate, gift, inheritance, and income taxes are minimized or eliminated; or protecting retirement plan asset shares and minimizing the impact of the new SECURE Act; protecting the shares of beneficiaries from the claims of creditors; planning successfully for a child or loved one with special needs; planning for a spouse with dementia; ensuring the care, safety, and well-being of parents or grandchildren; and many more. With these ideas in mind and with the knowledge that each individual will have their own definition of what estate planning is and what it means to them, let us define what estate planning carelessness is, as including but not limited to the following examples: lack of a partnership-type relationship with your estate planning attorney; estate planning equals a one-time transaction; lack of a defined process; focus of estate planning is on “documents”; no follow-up or on-going maintenance of the estate plan; no financial advisory or tax professional team; no collaboration of the advisory team; no consideration of changes in the laws; no client legal education; no consideration of unforeseen contingencies; incorrect or non-existent beneficiary designations; no proper asset alignment; lack of understanding of effects of beneficiary designating non-retirement assets; poor selection of fiduciaries; no education of fiduciaries; poor organization (and many more). Having made outlandish assumptions here about what you intuitively want, and having gone to great lengths to show that estate planning must be carefully and consistently orchestrated in order to ultimately be successful, as is further illustrated in my upcoming book, let us now get to the main thrust of this article – how to be intentional in your estate planning. More specifically, how to practice intentionalism in your estate planning. We begin by recognizing something very fundamental: being intentional isn’t easy – and we assume that by knowing how to do a thing, we can move forward in a scientific way towards its accomplishment - an estate plan that works as you intend it to. Here is the definition of “intentional”, as defined in Websters Online Dictionary, April 2020: done by intention or design; having external reference. Synonyms include conscious, deliberate, intended, knowing, and purposeful. Antonyms include unintentional, and nondeliberate. Applying this literally then, an intentional estate plan is one that is designed and done with conscious and deliberate intention, with reference to an external process. With this said, can you imagine having an unintentional estate plan? Yet this is what most people unknowingly do, and what they unknowingly have. Understanding the full import of this last sentence is key to overcoming the enormous obstacles to successful estate planning. In estate planning, being intentional means many things then, among them these: knowing what you want and what your goals are; selecting the correct estate planning attorney; engaging in a partnership-type relationship with your estate planning attorney; expecting and participating in an estate planning process that includes client education as part of that process; aligning your assets with your estate plan in coordination with your estate planning attorney and financial advisory team; committing to maintaining and updating your estate planning on a systematic basis over the years; and participating in a client care program to encourage and accomplish continuing client legal education and updating, including ongoing adjustments to documents and the alignment of assets. Because the first several intentionality requirements listed here are beyond the scope of this article, we will focus only on the last two – one of which is completely within your control, and the other being almost completely within your control. The first, committing to maintaining and updating your estate planning on a systematic basis over the years to come, is completely within your control. Because of your desire to develop a fully functional estate plan, your recognition of the complexities and considerations involved over a lifetime, and your instinctive understanding of the kind of methodical approach that will be required to overcome the everyday noise and life inertia that keeps so many people from success, you mentally commit that incapacity and death planning (the primary elements of estate planning) will become a routine part of your life, and as such it will be scheduled on your calendar. You can do this on your own, and you may have already made the necessary commitment right now during your reading of these words. The second, participating in a client care program to encourage and accomplish continuing client legal education and updating, including ongoing adjustments to the alignment of assets, is almost completely within your control, but ultimately is not. Here’s why. Try as they may (and usually “trying” is the exception), hundreds of estate planning law firms across the United States fail to implement a client care program, otherwise known as a client maintenance and updating program. By failing to do this, these law firms ensure the potential collapse of at least some of their clients’ estate plans at best, and of a majority of their clients’ estate plans at worst. This is quite a statement, and quite an indictment I know. But consider this – how many people in the United States actually have an estate plan? We know the answer - only a minority of the population. Going one step further, how many people meet with an attorney to sign a will or revocable trust, then never hear from that attorney again, or in all fairness to the attorney or law firm, never contact the attorney again? We don’t know the exact number(s) of course, but we intuitively know the answer. Further, consider this – how many people today sign wills or trusts without an attorney, then never follow up or revisit their planning, and never consider the alignment of their assets? We know the sad answer to this too. This leads us to an obvious and final dilemma. If you are a conscientious person who is willing to commit to estate planning that works as you intend it to, then you must find an estate planning attorney or estate planning law firm who understands your commitment and agrees to commit to you by providing you with the opportunity to achieve success by participating in a comprehensive client care program, one that ensures victory in your estate planning through continuous, repetitious maintenance and updating of documents and the alignment of assets, client continuing education, fiduciary education, inclusive family participation, educational and social events, collaboration with financial and tax advisors, and exclusive ancillary services – again, all for the purpose of cultivating and encouraging real success in estate planning. By having read this article, or perhaps having been led to read it, we know you have the spark of commitment – you have what it takes. You know you are the hero of the story – your own story, and you are now setting out on your estate planning journey to find an estate planning attorney/estate planning law firm worthy of you. You intuitively know you must make this journey. And now you know what you must do and what you must look for. The search begins. Stephen R. Elville is the founder, principal, and lead attorney of Elville and Associates, P.C., an Estate Planning, Elder Law, and Special Needs Planning law firm in central Maryland. The mission of Elville and Associates is to provide practical solutions for clients' needs through counseling, education, and superior legal-technical knowledge. This is accomplished through a focus on client legal education, collaboration with professional advisors, and through compassion and a caring for clients model. Elville and Associates is one of only 60 law firms in the U.S. that is accredited by the Client Care Academy in Boston, Massachusetts. Through Elville and Associates’ Client Care Program, clients are provided with the opportunity to participate in a partnership-type arrangement designed to facilitate comfort and assurance that estate, elder law, and special needs plans will stay maintained and updated over the passage of time and ultimately work as intended at the time of maturity. To learn more about Intentionalism in estate planning and Elville and Associates’ Client Care Program, please contact Stephen R. Elville at 443-393-7696, or via email at steve@elvilleassociates.com; or Mary Guay Kramer at 443-741-3635, or via email at mary@elvilleassociates.com.

Posted in:

Thinking about a life estate in Maryland? Learn the benefits, risks, Medicaid concerns, and alternatives before adding children to your deed.

Jan 19, 2026 in Blog

Life Estates in Maryland: When They Make Sense and When They Don’t

A life estate can be a useful planning tool for some Maryland families who want to protect a home, avoid probate, and plan ahead for the future. At the same time, life estates create permanent legal and financial consequences that are often misunderstood. Knowing when a life estate works well and when it creates long-term problems is essential before moving forward. This article explains how life estates function in Maryland, common risks families encounter, how life estates interact with Medicaid planning, and alternatives that may offer greater flexibility. What Is a Life Estate? A life estate allows more than one person to hold ownership interests in the same property at different times. In Maryland, this typically allows a parent to live in and control a home for life while naming children or other individuals to receive the property automatically after death. The person living in the home is called the life tenant. The individuals who will receive the property later are known as remaindermen. While remaindermen cannot take possession during the life tenant’s lifetime, they hold a present ownership interest in the property. Life estate deeds are often used to avoid probate, support long-term planning goals, and simplify the transfer of a home. These benefits must be balanced against the legal limitations created by the deed. When a Life Estate May Make Sense In limited situations, a life estate can serve a practical purpose. This is most common in straightforward family arrangements where a parent intends to remain in the home for life and wants the property to pass directly to a specific individual without probate. Life estates may also be considered when flexibility is not a priority and future long-term care needs are unlikely. Even in these situations, careful legal review is critical before creating the deed. When Life Estates Create Problems for Maryland Families Limits on Selling or Refinancing Once a life estate is created, the life tenant generally cannot sell or refinance the property without the consent of all remaindermen. This can create serious challenges if care needs change or the property must be sold to cover expenses. Some families explore tools such as a testamentary power of appointment or a nominee realty trust to increase flexibility, but these options require careful planning and are not appropriate in every case. Difficulty Changing Ownership Removing a remainderman from a life estate deed is far more complex than changing a beneficiary on a financial account. Once added, that ownership interest is legally significant and often cannot be undone without consent or legal action. Exposure to Remainderman Issues After a remainderman is added to the deed, their legal and financial issues may affect the property. Court judgments, tax liens, divorce proceedings, or bankruptcy can complicate ownership and create unexpected risks. If a remainderman passes away before the life tenant, their interest may pass through their estate, potentially requiring probate and introducing new parties into the ownership structure. Medicaid Look-Back Concerns Creating a life estate involves transferring a property interest. If long-term care is needed within five years of that transfer, Maryland Medicaid rules may impose a penalty period. Timing and structure matter, and mistakes can be costly. Nursing Home Recovery Risks If the home is sold while the life tenant is receiving nursing home care, the state may assert a claim against the proceeds to recover Medicaid benefits paid. This outcome often surprises families. Life Estates and Medicaid Planning in Maryland A common misconception is that a life estate automatically protects a home from Medicaid. While a life estate may avoid probate, it does not replace a comprehensive Medicaid planning strategy. Medicaid planning is highly timing-sensitive and should be coordinated with broader elder law goals. Families often benefit from reviewing life estates alongside other options discussed in our Maryland elder law resources. Alternatives That Offer Greater Flexibility Depending on family goals, other planning tools may provide better long-term outcomes. Revocable trusts, irrevocable trusts, and coordinated elder law planning strategies often allow for asset protection while preserving flexibility and control. These approaches may integrate more smoothly with Medicaid planning and incapacity planning and can reduce risk as circumstances change. Reviewing a Life Estate as Part of a Larger Plan Life estates affect more than property ownership. They influence taxes, Medicaid eligibility, and the ability to respond to future care needs. For this reason, they should always be evaluated as part of a broader estate and elder law plan rather than used in isolation. If you are considering a life estate or already have one in place, guidance from a Maryland elder law attorney can help clarify risks and identify options before a crisis occurs. To schedule a confidential consultation, contact us online, call our Columbia office at 443-339-5638, or reach our Rockville office at 240-456-1657.

Jan 13, 2026 in Blog

Life Estates in Maryland: Benefits, Risks, and Better Planning Options

A life estate can be a helpful tool for Maryland families looking to protect their homes, avoid probate, and plan for Medicaid. It is important to understand the risks involved. This article explains common life estate issues and why careful legal planning matters before deciding if this approach fits your situation. What Is a Life Estate? A life estate allows multiple people to hold interests in the same property at different times. In Maryland, this often means a parent keeps possession and use of their home while ensuring it passes to their children without going through probate. By creating a life estate deed, families may avoid probate, reduce Medicaid exposure, and receive a step up in tax basis. The person living in the home is known as the life tenant and retains control during their lifetime. The individuals who inherit the property are the remaindermen. Although they cannot take possession until the life tenant passes away, they hold a current ownership interest. When a Life Estate May Still Be Appropriate In limited situations, a life estate can serve a practical purpose. Some families use a life estate when a parent wants to remain in the home for life and ensure the property passes directly to a specific individual without probate. This is most common in straightforward family situations where long term care needs are unlikely and flexibility is not a primary concern. Even in these cases, careful review is important. A life estate permanently alters property rights, and future changes often require agreement from all parties involved. Five Issues Maryland Families Should Know 1. Limits on Selling or Borrowing Against the Property A life tenant generally cannot sell or refinance the property without agreement from all remaindermen. A testamentary power of appointment may allow the life tenant to change who inherits the property through a will, providing additional flexibility. A nominee realty trust may allow one or more children to act as trustee for all remaindermen, with decisions made by majority vote. This can be helpful when family members disagree. 2. Difficulty Removing a Remainderman Removing a remainderman from a deed is far more complex than changing a beneficiary on a financial account. In many cases, removal is not possible without consent or court involvement. 3. Legal Issues Affecting the Property Once a remainderman is added to the deed, their financial or legal issues may affect the property. Court judgments or tax liens may attach to the home Divorce or bankruptcy can complicate ownership If a remainderman passes away before the life tenant, their estate may require probate These issues may not force the life tenant to leave the home, but they can create significant complications. 4. Medicaid Look Back Period Transferring a property interest through a life estate can affect Medicaid eligibility if long term care is needed within five years of the transfer. 5. Nursing Home Reimbursement If the property is sold while the life tenant is in a nursing home, the state may have a claim against the sale proceeds to recover care costs. Why Life Estates Often Create Long Term Challenges Many families create life estates without fully understanding the limitations involved. Selling or refinancing the property usually requires consent from the remainder beneficiary, which can become problematic if care needs change or funds are needed. Life estates also expose the property to risks tied to the remainder beneficiary. Financial hardship, divorce, or creditor claims affecting that individual can impact the property even while the life tenant continues to live there. Life Estates and Medicaid Planning in Maryland A common misconception is that a life estate automatically protects a home from Medicaid rules. While a life estate may avoid probate, it does not automatically shield the property from Medicaid eligibility requirements or recovery claims. In some situations, transferring a remainder interest can create a Medicaid penalty period if it is not structured properly or completed at the right time. Because Medicaid planning is highly timing sensitive, a life estate should never be used as a substitute for a comprehensive elder law strategy. Alternatives That Offer More Flexibility Than a Life Estate Depending on a family’s goals, other planning tools may provide better long term results. Revocable trusts, irrevocable trusts, and coordinated elder law planning strategies may offer asset protection while preserving control and adaptability. These options often integrate more effectively with Medicaid planning and incapacity planning. Choosing the right structure depends on health, family dynamics, finances, and anticipated care needs. A solution that works well for one family may create serious limitations for another. Is a Life Estate the Right Option? For some Maryland residents, life estates can provide benefits, particularly when probate avoidance is a primary goal. The risks involved mean this approach is not appropriate for every situation. Understanding both the legal and financial impact is critical. Reviewing a Life Estate as Part of a Bigger Plan Life estates affect more than property ownership. They impact taxes, Medicaid eligibility, and a family’s ability to respond to changing circumstances. For this reason, life estates should be reviewed as part of a broader estate and elder law plan rather than used alone. If you are considering a life estate or already have one in place, speaking with a Maryland elder law attorney can help clarify risks and identify options before a crisis occurs. To schedule a confidential consultation, contact us onlin e, call our Columbia office at 443-339-5638, or dial 240-456-1657 to reach our Rockville office.

2026 Maryland Super Lawyers and Rising Stars Lists

Dec 19, 2025 in Blog

Managing Principal Stephen Elville, Principal Attorneys Shannon Goodwin and Shannon Ladner, and Associate Attorney Sara von Stein Echeverria Honored on the 2026 Maryland Super Lawyers and Rising Stars Lists

Authored by: Jeffrey D. Stauffer – Community Relations Director It was announced on Friday, December 19 th that Managing Principal Stephen Elville, Principal Attorneys Shannon Goodwin and Shannon Ladner, and Associate Attorney Sara von Stein Echeverria were honored on the 2026 Maryland Super Lawyers and Rising Stars Lists. Stephen R. Elville, J.D., LL.M. — Managing Principal Stephen R. Elville, President, CEO, and Managing Principal of Elville & Associates, P.C., has again been selected to the 2026 Maryland Super Lawyers List — his 11th overall and 10th consecutive year receiving this recognition. Mr. Elville’s practice centers on helping individuals and families through challenging legal landscapes with clarity, compassion, and technical skill. He leads the firm’s work in estate planning, elder law, special needs planning, tax planning and asset protection and preservation, long-term care planning, and more. Clients working with Mr. Elville benefit from his deep experience navigating both pre-crisis planning and complex crisis situations — giving them peace of mind and a personalized, long-term strategy. Throughout his career, Mr. Elville has built a reputation as one of Maryland’s most respected attorneys. His broad legal-technical knowledge, combined with a caring and client-focused approach, enables him to address a wide range of legal matters with confidence and clarity. In addition to his client work, he is a seasoned educator and speaker, regularly offering webinars and workshops for clients and the surrounding community, along with continuing education events for financial advisors. Mr. Elville is an active member of several professional organizations including the National Association of Elder Law Attorneys (NAELA), WealthCounsel, the Academy of Special Needs Planners, and as well as the EPIC Peer Group where he travels around the country each quarter learning from and teaching likeminded attorneys. He has held leadership roles including the past Chair of the Estates & Trusts & Elder Law Sections of the Howard County Bar Association, past President of the Coalition of Geriatric Services (COGS), and past Chair of the Elder Law & Disability Rights Section Council of the Maryland State Bar Association. He was also the long-term Chair for Law Day Maryland and recently served as Chair of the Pro Bono Subcommittee of the Elder Law Disability Rights Section Council. Outside of his legal practice, he is President of the Friends of Baltimore Classical Music, Inc. and Founder of the Elville Center for the Creative Arts, Inc. — a nonprofit dedicated to furthering music education for students with limited means. Mr. Elville had a feature story written about him in the national Super Lawyers Magazine about the Elville Center and his efforts surrounding this initiative. Along with his charitable endeavors, Mr. Elville also supports community organizations such as the Autism Society of Maryland, the Brain Injury Association of Maryland, the National Alliance on Mental Illness of Howard County, the Howard County Public Library System Veterans Book Group program, and more. Shannon Goodwin, J.D. — Principal Attorney Shannon Goodwin has been named to the 2026 Rising Stars List for a third consecutive year. In her role as Principal Attorney, she leads Elville and Associates’ Estate and Trust Administration Department along with estate planning and tax planning. Ms. Goodwin guides clients through every aspect of administering estates — from the probate process and inventory reporting, to accountings, final distributions, and all detailed estate tasks. Her insight and dedication help families navigate what can often be complicated and emotionally difficult processes. Her background includes undergraduate studies at North Carolina State University, followed by law school — during which she distinguished herself as a member of the Syracuse Law Review. After graduation, she gained important legal experience working as a Judicial Law Clerk for three years in the Circuit Court for Washington County, and in the District Court for Washington and Frederick Counties. She joined Elville and Associates in 2021, bringing with her a strong foundation and commitment to client care. Shannon F. Ladner, J.D. — Principal Attorney Shannon F. Ladner has earned her place on the 2026 Rising Stars List for the fourth year in a row. She leads the firm’s Estate Planning Department, where she assists clients through every stage of planning — from initial consultation to plan design and implementation, and ongoing updates as laws and life circumstances evolve. Ms. Ladner’s practice emphasizes estate planning and special needs planning. Her work is grounded in a thoughtful, client-centered approach, ensuring that each plan reflects the client’s values, goals, and unique family situation. During law school, she contributed her talents to the Human Trafficking Prevention Project Clinic, representing victims of human trafficking as a Rule 19 Student Attorney. After receiving her J.D., she served as a Judicial Law Clerk for Magistrates Susan M. Marzetta and Lori Joy Eisner in the Circuit Court for Baltimore City. Before joining Elville and Associates, she practiced at a small law firm in Towson, Maryland where she gained valuable experience representing clients in family law and criminal matters. Sara von Stein Echeverria, J.D. — Associate Attorney 2026 is Sara von Stein Echeverria’s first of what we see as many future inclusions on the Maryland Rising Stars list. Ms. von Stein Echeverria focuses her practice on estate planning, estate and trust administration, special needs planning, asset protection, and tax planning. She is known for her thoughtful, client-centered approach and her ability to guide individuals and families through complex planning decisions with clarity, empathy, and care. Sara works closely with clients to develop comprehensive plans that protect loved ones, reflect personal values, and provide long-term peace of mind. Sara earned her Juris Doctor, summa cum laude, from the University of Baltimore School of Law, where she distinguished herself through academic excellence and legal scholarship. She also holds a Master of Science from Birkbeck College, University of London, and a Bachelor of Arts, cum laude, from Dickinson College. Prior to joining Elville and Associates, her work included humanitarian and immigration-related legal advocacy, experience that continues to inform her compassionate and inclusive approach to client service. Sara is admitted to practice in Maryland and is an active member of the Maryland State Bar Association, the American Bar Association, and the Baltimore City Bar Association. To learn more about this year’s honorees and the entire team at Elville and Associates, please visit www.elvilleassociates.com. The firm is steadfast in its commitment to client education, compassionate legal service, and providing peace-of-mind solutions across estate planning, elder law, special needs planning, and beyond. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com. #elvilleeducation