Elville and Associates

Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

All Blog Videos & Webinar Recordings News Estate Planning estate financial power of attorney financial planning Probate Wills and Trusts beneficiary elder law estate plan Spotlight attorney digital assets elville and associates financial planners guardianship guardianships Healthcare income tax inheritance power of attorney public benefits special needs planning trust will Access to Music advance medical directive advance medical directives Aid & Attendance Attorney-Client Relationship Beneficiaries Beneficiary Designations Business Planning capital gain Charles A. Borek Client Care Program Consultations Coronavirus (COVID-19) Creative Arts Education elder care Elville Center Elville Center for the Creative Arts Estate and Trust Administration estate litigation estate planning attorney Estate Taxes family Governor Hogan guardian guardianship of the person in terrorem clause incapacity planning including the location Justin M. Ginsburg letter of wishes Music National Health Crisis National Healthcare Decisions Day nationwide health crisis non-probate assets planning attorney powers of attorney probate assets Proper Beneficiary Designations Remote Notarization of Documents Retirement Accounts Retirement Plan Assets revision revocable living trust Schools Secure Act social security administration social security disability insurance social security, Special Needs special needs trust spendthrift clause spendthrift clauses spendthrift trust ssi Super Lawyers supplemental security income survivorship tax Tax Planning testator the business monthly The Elville Center for the Creative Arts The Secure Act Trust Protector Trust Protectors trusts updating of your will Verena veterans administration Waypoint Trust Group

The Secure Act and Its Potential Income Tax Effect on Clients’ Estate Planning – Seven Important Opportunities

Authored by: Stephen R. Elville, Esq. -- Elville and Associates, P.C. -- 443-393-7696, steve@elvilleassociates.com An unprecedented situation is underway - the Secure Act may impact estate planning in a significant way - in particular, estate planning for retirement plan assets. The Secure Act (House of Representatives’ version – the 10-year plan) recently passed through the House by way of a 471-3 vote. The Senate is proposing a 5-year plan. Although it is unclear which plan will go forward, it is anticipated that one of the two plans will pass in both the House and the Senate and be signed into law by President Trump in August (2019). If this comes to pass, the new law would go into effect for decedents dying after December 31, 2019 (effective in 2020). Why is the Secure Act important and what should you know? The Secure Act will directly impact the length of time IRAs and Qualified Plans can defer income tax and be stretched. Unlike the current law allowing inherited IRAs to be stretched out in accordance with IRS life expectancy rules, the Secure Act would limit the stretch out of IRAs to either 5 or 10 years, with some exceptions. The Act also applies to Roth IRAs. The Secure Act is potentially terrible for some people, especially those who will have their estate plans disrupted and lifelong plans to leave children, grandchildren, nieces and nephews, or others retirement plan assets over the beneficiary’s individual life expectancies thwarted. Fortunately, there are several strategies to deal with the potential impact of the Secure Act, and over the coming weeks and months we at Elville and Associates will be discussing this potential legislation with our clients and helping them make sense of the changes that are likely to come, and advising them about any needed planning adjustments. If you would like to speak with me or another attorney at Elville and Associates about this unprecedented situation, please contact Mary Guay Kramer at 443-393-7696 or via email at mary@elvilleassociates.com. You may also send an email to me at steve@elvilleassociates.com. For an in-person meeting, please also contact Mary Guay Kramer and a meeting will be scheduled at your convenience.

The New Elective Share Law, a.k.a. “Augmented Estate Legislation” Has Passed. What Does This Mean to You?

Authored by: Stephen R. Elville, Esq. – Elville and Associates, P.C. – 443-393-7696, steve@elvilleassociates.com, @elvilleassoc The new Elective Share Law, otherwise known among estate planning lawyers as the “augmented estate legislation”, was passed by the Maryland Legislature and will be effective October 1, 2020. This new law will have a profound impact on the estate planning of certain married couples, especially those in second, third (or more) marriages who intend to leave assets to their respective children, grandchildren, nieces, and nephews, or others. The new Law will precipitate strong consideration of pre-nuptial or post-nuptial agreements as a tool to prevent a surviving spouse from thwarting the estate planning intentions of a deceased spouse who is the first to die by exercising his or her right to an elective share of the estate of the surviving spouse – the estate to now include both probate and non-probate assets (subject to a formulaic approach). If you would like to know more about the new Elective Share law, or simply have your estate planning documents reviewed, please contact me at the following: steve@elvilleassociates.com; or mary@elvilleassociates.com; or via telephone at 443-393-7696.

Why Do Estate Plans Fail and Not Work as Intended? The Answer Lies Below …

Authored by: Stephen R. Elville, Esq. -- Elville and Associates, P.C. -- 443-393-7696, steve@elvilleassociates.com, @elvilleassoc What’s been on my mind for the past several weeks is an image – actually two separate scenes – perhaps it is a sequence. It happened about four months ago. Two couples came into my office during the same week to discuss their estate planning. These couples were totally unrelated, and their planning needs were not extraordinary. So why do they linger in my imagination? They had several things in common related to estate planning, but two things in particular. Can you guess what they were? I’ll bet you an ice cream cone that you can’t. Ready? While both couples had existing estate plans and had engaged in estate planning many years earlier – the existing plans were revocable trusts – (1) neither couple had heard from their respective estate planning attorneys for 16 and 18 years respectively; and (2) neither revocable trust plan contained any of the respective couples’ assets. In other words, both of these mature couples had implemented revocable trust-based estate plans and then had not heard from their estate planning law firm since the time of execution (nearly two decades), and both trusts were unfunded (assets were not properly aligned). Therefore, but for these couples having the intuitive awareness to seek assistance from a new law firm, both plans were 100% on track to fail. Can you imagine? Yes, plan failure can and does happen, as these examples illustrate. Yet, there is no reason for this kind of risk in estate planning. Risk in estate planning can be minimized and controlled through a compassionate and caring process, client education, and continuing maintenance and updating. Furthermore, choosing the right estate planning firm and service model is critical to your estate planning and to your family. For more information about the estate planning process and what to look for in an estate planning, elder law, or special needs planning attorney, please contact Jeffrey Stauffer at jeff@elvilleassociates.com, or Mary Guay Kramer at mary@elvilleassociates.com. #elvilleeeducation

"Your Home, Your Deed, Your Legacy – Ensuring Stability in Baltimore City through Legal Services" co-authored by Olivia Holcombe

Check out Elville & Associates ' Partner Olivia Holcombe-Volke's co-authored article in the Spring 2019 edition of "The Advocate," titled “Your Home, Your Deed, Your Legacy – Ensuring Stability in Baltimore City through Legal Services” on page 6 of the The Advocate | 2019

Elville and Associates’ Principal Stephen R. Elville Partners with University of Maryland Autism Research Consortium for Nationwide Webinar Series and Panel Discussion

Authored by:  Jeffrey D. Stauffer – Community Relations Director, 443-393-7696, jeff@elvilleeassociates.com, @elvilleassoc On March 7 th, Elville and Associates’ principal and lead attorney Stephen R. Elville, J.D., LL.M., visited the University of Maryland at College Park to partner with the University of Maryland Autism Research Consortium (UMARC) for the third in a four-part nationwide webinar series to provide education and resources for families and professionals regarding autism and other neuro-diverse conditions. The series was led by Ms. Kathy Dow-Burger, Co-Director of UMARC and a Speech Language Pathologist at the University and Ms. Nan Berstein Ratner, a Professor in the Department of Hearing & Speech Sciences. Mr. Elville’s discussion, regarding “Benefits,” covered a wide spectrum of information as he shared information regarding SSI, SSDI, Medicaid, and Medicare; local benefits such as Medicaid waivers, the Autism wavier, the Maryland Division of Rehabilitation Services (DORS), and employment training; and local benefits such as micro grants, home share programs and non-profit benefits. Pictured from left to right: Mr. Stephen Elville, Ms. Kathy Dow-Burger, Mr. Mark Friese, Mr. Matthew Bogin Mr. Chase Phillips; Ms. Nan Bernstein Ratner Also presenting in the webinar series were Mr. Chase Phillips, Senior Vice President and Senior Financial Advisor with Merrill Lynch; Mr. Mark Friese, Wealth Management Advisor and Senior Financial Advisor with Merill Lynch; and Mr. Matthew Bogin, Attorney with the Michael J. Eig & Associates, P.C.  Along with Mr. Elville’s discussion of benefits, Mr. Phillips webinar discussion surrounded an “Overview of the Four Financial Pillars” (Legal, Benefits, Family, and Financial); Mr. Friese’s piece discussed “Financial Planning; and Mr. Bogin’s part delved into “Legal and Family Planning.” To complete the series, UMARC welcomed the webinar presenters back to the University of Maryland on April 10 th for a live webinar panel discussion that encompassed the entire webinar series to field questions from a nationwide audience.  The result was a comprehensive resource guide for families and professionals for special needs planning.  To listen to the entire webinar series and ensuing Q&A discussion, please click here. Stephen R. Elville works with individuals and families to provide a unique attorney-client experience and peace of mind through a proactive and collaborative approach based on leading edge legal-technical knowledge.  Mr. Elville has extensive experience in working with clients involved in crisis situations.  He also brings a unique and personalized approach to pre-crisis planning.  Mr. Elville routinely handles client issues in the following areas:  wills, trusts, estate tax planning, powers of attorney, living wills/advance medical directives, Medicaid asset protection trusts, Medicaid planning and qualification, estate administration, fiduciary representation, nursing home selection, guardianships, special needs planning for children and adults, Social Security Disability Income (SSDI), Supplemental Security Income (SSI), and IRS tax controversy. Mr. Elville was named to the Maryland Super Lawyers List in 2015, 2017, 2018, and 2019 and is a member of the National Association of Elder Law Attorneys (NAELA), Elder Counsel, Wealth Counsel, the Academy of Special Needs Planners, and the National Network of Estate Planning Attorneys.  He is the past Chair of the Howard County Bar Association Estates & Trusts and Elder Law Sections and is the past President of the Coalition of Geriatric Services (COGS).  Mr. Elville currently serves as Chair of the Elder Law and Disability Rights Section Council of the Maryland State Bar Association, and is a member of the Charitable Gift Planning Advisory Committee for Anne Arundel Medical Center (CGPAC).  He also serves as Chair for Law Day Maryland. The education of clients and families through counseling and the use of the very best legal-technical knowledge available is the practical mission of Elville and Associates.  To learn more, visit www.elvilleassociates.com, or call 443-393-7696. Elville and Associates – Planning for Life, Planning for Legacies

The Future of Pro Bono in Maryland

As Originally Appeared in the May 2018 edition of the Bar Bulletin of the Maryland State Bar Association Authored by:  Olivia R. Holcombe-Volke, Partner at Elville and Associates; Melinda Fithen, Associate with Venable LLP; and Brian Weeks, Administrative Law Judge for the Office of Administrative Hearings There is a boom in the number of lawyers practicing in Maryland, according to the ABA National Lawyer Population Survey. Over the last decade, the number of lawyers in Maryland has increased by 84 percent to a total of 38,000 members of the bar. With so many attorneys, one would think that securing sufficient pro bono representation for Maryland residents in need would be no problem, right? Wrong. Statistics show that the majority of Maryland attorneys do not participate in pro bono work early in their careers. According to the Maryland Courts 2016 Pro Bono Report, 58 percent of full-time Maryland lawyers did not provide pro bono service in their first five years of being barred. It is during this critical time, when new lawyers are taking on a competitive legal job market and trying to establish themselves professionally, that pro bono work can be the most rewarding and fruitful. The Need is Real Maryland Volunteer Lawyers Service (MVLS), the largest provider of pro bono civil legal services to low-income Marylanders, estimates that there is one attorney for every 3,600 pro bono clients. Now is the time for new attorneys to explore pro bono service, for their careers and for their communities. Pro Bono Pays Back When attorneys invest their time in pro bono work, it pays them back generously. As successful Maryland attorneys, and members of MVLS’s new volunteer engagement initiative – Community Advocacy Network (CAN), – we can share several reasons why it is vital to take on pro bono cases early in an attorney’s legal career. Mentorship from practicing Maryland attorneys Mentorship is a crucial part of professional development for newly barred attorneys. By joining a pro bono legal services organization, attorneys will learn from the wisdom and experience of other lawyers who can provide mentorship for a variety of case types, as well as client relations (specifically, how to navigate different client interactions while being sensitive to the clients’ situations). Expanding legal skills Participating in pro bono can introduce new attorneys to different areas of the law while also giving them the opportunity to experience new things, such as serving as first chair on a trial, working directly with clients, or doing transactional work. Attorneys can gain courtroom experience in a variety of practice areas, including child custody, landlord/tenant disputes, debt collection and tort defense. Alternatively, volunteers can choose cases that do not require litigation such as estate planning, estate administration, expungement, or contract review. Developing a legal network Doing pro bono work helps lawyers expand their networks by connecting them with local bar leaders, attorney pioneers, and members of the bench. It can expose a new attorney to professionals working at large and small law firms, or those who have chosen the solo route. Relationships established through pro bono work may even lead to full-time employment or profitable billable client referrals. Establishing community ties Building an important network through pro bono work is not limited to fellow attorneys - it can also mean the opportunity to connect with a variety of community organizations, like House of Ruth, Helping Up Mission, CASA de Maryland and CASH Campaign, among many others. By broadening their horizons in this way, new attorneys will begin to feel like they can make a difference in their communities using the expertise and knowledge they possess. Providing legal assistance to Marylanders in need One of the most powerful reasons to participate in pro bono legal services is to help other people who have nothing to give but their gratitude. Earning a law degree is a remarkable accomplishment. Being able to interpret the law is not something every person can do. By offering their unique skills to the less fortunate, pro bono attorneys can advocate for children and families, protect seniors from the damaging effects of scams, contribute to workforce reentry, and stabilize Maryland communities. The future of pro bono in Maryland depends on every single attorney who is reading this article. There is an abundance of opportunity for new attorneys who are just starting their career, as well as a need for more seasoned attorneys to donate their time and experience to this critical work. To learn more about joining MVLS CAN, and how to get involved in pro bono work, please visit mvlslaw.org/mvls-can. Melinda Fithen is an Associate with Venable LLP. Olivia Holcombe-Volke is a Partner at Elville & Associates, P.C. and Brian Weeks is an Administrative Law Judge for the Office of Administrative Hearings. They are all members of Maryland Volunteer Lawyers Service (MVLS) Community Advocacy Network (CAN).

rawpixel-1055781-unsplash-1024x687

Elville and Associates Partners with Maryland ABLE to Offer Special Needs Planning Workshop to Harbour School at Annapolis Parents

By:  Jeffrey D. Stauffer – Community Relations Director, jeff@elvilleassociates.com, 443-393-7696 On Thursday, January 24 th, for a fourth consecutive year families of students at the Harbour School at Annapolis came out to listen to Elville and Associates’ principal Stephen R. Elville, J.D., LL.M., present a far-reaching discussion about “What Families Need to Know About Planning for a Loved One with Special Needs.” Through Elville and Associates’ and Mr. Elville’s commitment to education, attendees came to understand what is involved in the planning process for a special needs family and the importance of preserving the loved one’s financial security and quality of life. The key issues of understanding the role of public benefits, making decisions about the future, and using estate planning and trusts to protect assets was discussed along with the types of special needs trusts and their specific purposes, along with who the decision makers and beneficiaries can be in these trusts. The “planning team concept” was also introduced — how a family’s’ attorney, financial advisor, CPA, and others can work together to help provide them peace of mind during the special needs planning process and beyond. In a recently-developed partnership with Elville and Associates, Mr. Elville and the firm were pleased to welcome Mr. John Shatto, ABLE Ambassador with Maryland ABLE, to the presentation.  Mr. Shatto’s charismatic discussion led families through the latest information about Maryland ABLE accounts, a new way to help individuals with disabilities save money and pay for qualified disability-related expenses without jeopardizing state or federal means-tested benefits such as SSI or Medicaid.  His insights added great value to the evening’s discussion, and Elville and Associates is looking forward to many more joint events with Mr. Shatto and Maryland ABLE.  To learn more about Maryland ABLE, visit www.marylandable.org. Elville and Associates has partnered with both Harbour School campuses to offer special needs planning workshops to its families for the past four years, and the firm values its relationship with this high-level special needs school.  The firm’s attorneys engage clients in a multi-step educational process to create solutions for its clients’ needs ensure that estate, special needs, and elder law planning works from inception, throughout lifetime, and at administration. Clients are encouraged to take advantage of the “planning team concept” for leading-edge, customized planning. The education of clients and their families through counseling and superior legal-technical knowledge is the mission of the attorneys at Elville and Associates. With offices in Columbia, Annapolis, Baltimore, and Rockville, Elville and Associates proudly serves clients in central Maryland, the Washington metro area, and the Eastern Shore.  Visit www.elvilleassociates-staging.bgbshlgq-liquidwebsites.com to learn more.

Senior Home Seller? Here’s the Solution! (Part 2 of 2)

There are right ways and wrong ways to go about rightsizing, home selling, and selecting your new home, and it’s never fun having to experience the “learning curve,” especially if it’s been many years since you have moved. The process of home selling has changed greatly thanks to technology and the invention of the Internet.  Expectations by Buyers are also very different these days, making an experienced agent invaluable for guidance and advocacy.  Remember, feeling that the move (the house, the contents, choosing where to move, setting up a new home) will be overwhelming is normal! In my role as my Team’s senior move specialist, my joy is to work along with our real estate agents to help our older adult clients navigate the entire process with a complete array of resources and services in full support, all the way through settlement and beyond. Previously in this newsletter, I provided guidance on choosing the right agent, what happens during the home visit by the agent including an examination of market analysis & pricing, timing of the sale, and staging.  Next steps for navigating the process? Relocating: Where are you going? This is one of the first questions your Agent should ask in order to understand the overview of your needs and to create your best path. Different and common scenarios include moving to a condo or one-level home, in with adult children, moving out of state to retirement meccas such as Florida and Arizona, and moving to local retirement communities. One of my passions is making sure that Sellers are as educated as possible about all of the choices available to them. Many people don’t know the very important differences between 55+, CCRC, Independent or Assisted Living communities and the health and financial formats for each can vary greatly. For example, some communities require health as well as financial clearances, some have buy-in fees and some do not. Some are fee-simple ownership and some have leases, even if they appear to be similar. If you are moving to a location that has not incorporated safety features found in “universal design” construction, be sure to ask for resources for the specialty companies who install grab bars for example, as these can literally be life-savers. Sometimes in-home care is needed if your loved one has been ill and needs help in the interim before the move. I take pride in being able to share these resources as well. Senior Living Search: Did you know that there are specialists who can help with your research into the various kinds of senior living communities? Life Care Managers are able to help guide you to the communities that would be your best fit and are also able to provide assessments for level of care, family counseling, and to be a part of the conversation between legal and financial advisors for families when a move is happening quickly or unexpectedly due to health events or the loss of a loved one. Sharing this resource with my clients is often a life-saver for families when events feel overwhelming and an expert is needed. Downsizing: Downsizing possessions is your next target. Ideally you have been chipping away at this task well ahead of time, as it can be a lot to tackle simultaneously with preparing your actual home. You will want to have a grasp of the square footage and storage you’re leaving and those figures for where you’re moving to, and you’ll also want a space plan to help you decide what you will want to take and, more importantly, what will fit, look great and serve you in your new home. Once you know what you’re taking, decide what you’d like to offer to family and friends if treasured heirlooms or larger pieces just don’t work in the new space. Hold on to everything else in order to research and have the best outcome from a potential estate sale. The more items you have, the larger the sale, the more likely you are to have a higher-dollar final sale, so don’t let your items be “cherry-picked” prior to having a professional consult with an estate sale expert. Then you can identify what items aren’t saleable and arrange for donation and maybe a tax benefit. Finally, you may need your home to be “cleared” of any last items, which can be done by friends & family or by a professional hauler. Moving: If it’s been years since you have moved, you should rely on your Agent for recommendations for a trusted professional mover who is well-established and also offers short and long-term storage. For short-distance and smaller moves, some real estate firms offer free moving trucks as a convenience and cost-savings to their clients. Move Managers, also called Transitioners or Downsizers, are a relatively new type of moving service and they can be a boon to you if you are overwhelmed, busy, distracted, and in need of “more” than what an ordinary moving company is able to provide. These providers can help coordinate work being done to prepare the home for selling, estate sale processes, space planning the new home, sorting, packing, the actual move, unpacking and setting up on move-in day. Think boxes gone, pictures hung, clothes in closets and beds made. They are an amazing resource and the best ones work closely with your Agent. Power Of Attorney: I have many stories about the problems my clients have faced when they did not have a Power of Attorney in place. Many clients have one that turns out to be non-functional due to being old or “stale” or written without sufficient detail such that it is not enforceable. Make sure you have one, and make sure it’s recent and air-tight! Unforeseen health events that cause homeowners to be unable to complete contracts during the home selling process have caused a lot of heartache, trouble, expense and complete destruction of planned-for timelines in the sale/move/purchase timetable. Consulting your current attorney, or better yet, upgrading to an elder law specialist, is one of the best things you can do for yourself, your spouse, and your family. Financial Management: Even though the demands of selling and moving make you extremely busy in the short term, this is still a time when it is ideal to revisit or create the best financial structure for your future. Think both big and small picture. Having guidance for the savviest ways to handle your homeselling profit, your retirement community’s buy-in expenses, understanding capital gains, etc. are important opportunities to design the best outcome for the long term. For the day-to-day, I like to make sure there is awareness of professionals called Daily Money Managers. They are exactly what they sound like and are an important resource for people who no longer want the tasks associated with managing their finances, who are struggling to maintain them due to health reasons or the demands of technology, and perhaps most importantly for spouses who are at sea if the managing spouse becomes ill and is no longer able to maintain the household accounts. I strongly encourage all of my clients to consult with a Daily Money Manager as part of their pre-crisis planning, and if health issues are already looming, do not wait to learn about this service and put it in place. The opportunity for teamwork between the professional and both spouses is a golden one, and early intervention means that the ill spouse can be a part of the hand-off, and that a non-managing spouse can have peace of mind should anything unexpected occur going forward. VA Benefit: In the spirit of understanding there’s a lot going on when you’re selling your home BUT you don’t want to miss out on any resources to which you are entitled, please know about the Veterans Administration’s “Aid & Attendance Benefit” which can provide monthly income for Veterans and their spouses at the Assisted Living level of care. Having an elder law attorney who is certified to guide you on eligibility and the chance to learn about how he or she can help you to structure your assets to better position you for eligibility is an opportunity you don’t want to miss. Again, think pre-crisis research and planning! For the past several years, twenty-five percent of all home sellers in the U.S. have been 65 years old or older. Being a home seller is a powerful position to be in both as a group and as an individual! I believe in harnessing all of the resources available to my clients with an emphasis on educating and supporting them along the way. My goal is for my clients to have the smoothest transition possible, with the clearest path to an organized, relaxed, risk-managed new and easier lifestyle! Victoria Hathaway is the Director of The Silver Group of the Bob Lucido Team of Keller Williams Integrity. She is a Realtor, Certified Senior Advisor (CSA), Certified Senior Housing Professional (CSHP), Seniors Real Estate Specialist (SRES), Board Member of the Coalition of Geriatric Services (COGS), and serves the Aging Studies Advisory Board, Johns Hopkins University. She may be reached at 410-979-4284 or via email at Victoria@BobLucidoTeam.com.

Aging in Place Doesn’t Just Happen, It Takes a Plan

On Wednesday, May 23, I attended the McDaniel College Center for Aging’s update on Aging in Place. Not surprising, the results of a recent survey given to those over 60 indicated that over 90 percent of the aging population (which is rapidly growing) wants to age in their own home. The exciting news is that more and more services are available to those who wish to “Age In Place.” The reality is that most are unaware of those services which exist and how to find them. Another reality, those services are fee for service not covered by insurance or subsidies. And finally, what the survey did not ask, are you willing to do what it takes to actually have the possibility of successfully aging in place? It seems that everyone wants in on this new catch-phrase and yet the number of people who are willing to make the lifestyle, health or economic changes to be successful pale in comparison. So what does it require on your part to age in place? First, proper planning and setting reasonable expectations is essential. If you wish to age in place, you just can’t “wish” it, you have to be proactive. Assuming that your home is an appropriate setting and refusing to make the appropriate modifications if necessary will most certainly not achieve the desired result. It is important to take a good objective look at your current living environment. Is it safe and accessible? You may not be the one to make that determination. I can’t tell you how many times I’ve heard, “that rug is fine, it’s been there for 30 years and I’ve never had a problem.” You might not be shocked if you’re the child of a parent who has been putting up the good fight against change. Ah, change. It’s the resistance to change that usually results in the change that we try so hard to control. We won’t change, we don’t need to change, we’re fine … And then the crisis that brings us to the very thing we fear the most — dependence on others. If only we were hard-wired to roll with change and go with it before we are dragged there, things would be so much easier. But we aren’t, at least most of us. So instead of putting some doubled-sided tape on the rug that slides under your feet or removing it, we say, “It’s fine.” Instead of moving to a home whether it be an apartment, accessible home or retirement community, we trudge up and down the steps with bad knees until we can’t and then it happens, the dreaded dependence. Aging in place is entirely possible if you are open-minded and make a plan. If you think it’s just going to happen, you may be disappointed. The survey, which asked if people wished to age in their homes, had some responses that indicated that they did not. Perhaps some of those people were realistic and knew that they must make a transition to a new home or living environment in order to age in place. Planning cannot start too soon. What is it that you intend to do? Where do you intend to live? Is it accessible should the unexpected happen and you need to live on one floor with a full bath and all the things you need? Do you have doorways and a shower that can accommodate a wheelchair if needed for recovery from surgery? If you want the best shot at continuing in your own home as you age, staving off chronic conditions such as high blood pressure, heart disease and diabetes is important. Improving or staying healthy requires a healthy lifestyle and exercise. It’s not too late to become motivated to get up and get moving. The single best thing you can do is exercise 30 minutes per day. Do something, walk, play pickle ball, garden, exercise in a chair, whatever it takes to keep yourself moving! I can’t help but remember the back of a T-shirt on a man I was following while running in a race: “I’m running faster than the guy sitting on the sofa!” So get out there and walk, run or raise you legs in a chair faster than the guy sitting on the sofa! Do what it takes to have a shot at the golden dream: Aging In Place. Jill Rosner is a registered nurse, certified geriatric care manager and owner of Rosner Healthcare Navigation.  She provides patient advocacy and care management services to clients with health and aging issues.  Contact her at JillRosnerRN@aol.com

Olivia R. Holcombe-Volke Co-Founds Community Advocacy Network

This past spring, Olivia R. Holcombe-Volke, Partner with Elville and Associates, co-founded the Community Advocacy Network (CAN), an initiative within the Maryland Volunteer Lawyers Service that inspires new attorneys and law students to give low-income Marylanders equal access to justice through pro bono work. The MVLS is a private, non-profit legal services provider established in 1981 to help meet the need for civil legal services in Maryland that provides quality civil legal assistance to Marylanders with limited income at low or no cost. Already a volunteer attorney with MVLS for the last 4 years, Ms. Holcombe-Volke, always an advocate for positive change in the communities in which she serves, worked for several months with the other founding members to make CAN a reality. “Having served as a volunteer attorney with various pro bono legal services organizations for the majority of my years in practice, it is tremendously exciting to be a founding member of MVLS CAN,” said Ms. Holcombe-Volke.  “This initiative is aimed at connecting new attorneys – and sometimes, attorneys who are simply “new” to pro bono – with the vast resources available to them through MVLS and its network of volunteer attorneys, all with the end goal of increasing available pro bono services for the many Marylanders in need.” For more information about the Maryland Volunteer Lawyers Service and the Community Advocacy Network, visit mvlslaw.org/mvls-can/.

Client Care Program Update – the April Tax Reform Educational Event, the Summer Social Event at Toby’s Dinner Theatre, and Looking Forward to the Annual Client Event

As the Client Care Program nears its two-year anniversary, the mission of the CCP (“planning that works”) remains the same – to provide CCP members with the comfort and assurance that their estate and elder law plans will stay updated over the passage of time and that clients and their families receive the education they need.  Though its mission remains the same, the CCP continues to grow in scope as CCP Member benefits grow, including most recently the ability for Members to participate in their own archival family video production at the Elville Creative Studio.  Members are encouraged to express themselves and share whatever they want future generations to remember – their wishes for family, values important to them, old stories they want to pass down for generations to come, and much more.  There are no limits, the creative possibilities are endless. Elville and Associates’ first CCP Continuing Legal Education Event of the year, “A Round Table Discussion on the New Federal Income and Estate Tax Code (The 2017 Tax Act),” was held on Saturday, April 28th at the the Arnold campus of Anne Arundel Community College.  Guests were entertained and educated by Katz Abosch’s CPAs James Eaton and Michael Andrews along with Elville and Associates’ Principal Stephen Elville.  Yes, entertained!  These CPAs were colorful and brought the December 2017 Tax Act to life as they explored a broad overview of the huge changes in the laws. The CCP’s second annual Social Event took place on Sunday, August 19th, as Members and their families enjoyed a matinee showing of the smash-hit musical, “Mamma Mia,” at Toby’s Dinner Theatre in Columbia.  After a delicious breakfast buffet was served before the sold-out show, guests were whisked away to the show’s setting, a Greek Island in the Mediterranean Sea, as extraordinary acting and memorable ABBA songs such as “Gimme! Gimme! Gimme!,” “Lay All Your Love on Me,” “Take a Chance on Me,” “The Winner Takes It All” and, of course, “Dancing Queen” entertained and transported everyone back to a younger time, some forty years ago.  As The Baltimore Sun’s review of the show stated, “If you didn’t know you were at a dinner theatre, you’d think you were at a disco!” Elville and Associates’ 6th annual Client Event will be held on Saturday, October 20th, 2018 from 8:30 to noon at the Retreat and Conference Center at Bon Secours in Marriottsville.  This year’s theme is “Understanding Medicare Concepts 2018 – A Continuing Discussion with Mark W. Trent of Medicare Supplement Services.”  By popular demand, we are fortunate to have the engaging and informative Mr. Trent back again this year to update guests about the ongoing changes in the world of Medicare along with presentations by the Firm’s attorneys about Healthcare Decision Making in 2018; Maryland Law Update; Funding and ) Asset Alignment Retrospect; and Client Care Program Experience.  Along with the superb lineup of speakers, delicious food, door prizes, and gift baskets will once again highlight the morning.  Entertainment will be provided by the Max Vanderbeek Jazz Group – a professional jazz trio led by one of the Elville Center for the Creative Arts’ finest school partners and music directors, Dr. Maximus VanDerbeek of Wiley H. Bates Middle School in Annapolis.  Invitations will be forthcoming in The CCP’s final Continuing Legal Education Event of the year is scheduled for Saturday, December 8th, 2018, at the John A. Cade Center for Fine Arts.  Our guest speaker will be Ellen Platt, Geriatric/Life Care Manager with The Option Group, and her presentation, “Navigating Longevity,” will cover an overview of geriatric care management; cognition, brain health, and dementia; care options; and the importance of taking care of the caregiver.  Invitations and more information about this event will be provided in late October. To learn more about the CCP, its many benefits and how to become a Member, please contact Mary Guay Kramer, Client Care Program Coordinator, at 443-741-3635 or mary@elvilleassociates.com.

A Guide for Making Room for Grief in Work & Life

Have you ever created intentional space in your work/life for grief? I never knew it was possible until earlier this month. I may be relatively young, but I’ve had my share of deaths to process in life. In all instances, I went through the motions and then seemed to just move on. As in, I went to a funeral, accepted condolences, and then got back to my routine – at work, at home, with loved ones and strangers. This included my father’s passing a couple of years ago. My grief consisted of a few days on the couch, eating junk food and watching movies. Then I picked myself up and moved forward. No self-care, no reflection. That is certainly one way to handle it, but what I did this month was so much kinder to myself. And, just maybe, the kindest thing I’ve ever done for myself. My grandfather died peacefully, a week short of his 93rd birthday. Knowing that he was only going to be with us for a short while longer, I made some very adult decisions. Decision #1: There was literally nothing more important in my life than saying goodbye to my Poppi in the way that felt like I was honoring him. Decision #2: I was going to allow my daily experience and grief to be the priority in my life by making space for it. Once those decisions were cemented in my mind as the only things with real significance, everything else fell into place as if I knew exactly what to do… I canceled all my non-essential meetings. There were FIFTEEN of them! To be kind to myself, I blind-copied everyone at once (opposed to personal emails for every person), told them why I needed to reschedule and counted that task as “done” in a matter of a few minutes. The immediate weight that came from reclaiming a minimum of 15 hours of my week was enormous. Everyone was so extremely kind and supportive of my need to reschedule. I kept 3 essential meetings (reviewing proposals and onboarding a new client) and used the rest of my time working on things that bring me joy and add great value to my business.  And it got me thinking…why did I have 15 non-essential meetings on my calendar, anyway? Made space for self-care every day. Things like, taking a bath, reading, writing, getting a massage. Every day there was one scheduled item of self-care on my agenda. In a week, I had given myself the gift of self-care in a way that seemed like a pure indulgence. Each act of self-care rejuvenated me in a way that felt like, “Yes. My body is important to care for. My spirit is important to nourish. Thank goodness I can move slowly and be kind to myself.” When I look back, none of those actions were longer than 90 minutes and took way less than the time I had given myself space for by removing the non-essential meetings. I reignited good habits. I meditated, did some form of physical activity and cooked the most delicious meals with my husband every night. These, again, seem like a luxury to me when I do all three in one day – let alone all three for weeks straight each day. These habits are direct reflections of my values and things that always make me feel centered and on a good path whenever I regularly activate them in my life. I just didn’t think I had space for them, all in one day, before. I was so very wrong. Having done these 3 things literally changed my life. It helped me to realize my values more deeply, appreciate the supportive people in my life and make space to cherish the memories of my grandfather.  In a time when we are all working so damn hard, it’s hard to push pause. But when you do, your soul thanks you. I spent nearly two weeks making room for grief, which felt like I was swimming in warm molasses – in the best possible way. In a matter of minutes of making these executive decisions in life, I gained immense clarity and gratitude for the gifts in simplicity. I am always saying, my goal is to “live a simple and purpose-filled life. The last gift my Poppi gave me was the realization that I can have that now. I am the one getting in my own way of making that a reality and that was an epiphany that I will take with me as I build the life I want to live. So while I offer these suggestions as a possible guide in grief, we must remember that at the end of the day, grief is a walk alone. Others can be there and listen but you will walk down your own path, at your own pace, with your own pain. You will come to your own peace, in your own time, in whatever way makes sense for you. My experience is not yours and it is not a suggestion that one size fits all. It’s far from that when it comes to loss. I was reminded that grief is the last act of love we give to those we loved. Where there is deep grief, there was great love. And that’s what my life has felt like lately. Fueled in love, reflection and gratitude. The grief isn’t gone, it’s just taken a new shape for me. One that I never knew was possible, one that I wish for everyone to experience if they’re able to make space for it in life. MaryBeth Hyland, founder of SparkVision, believes that when you connect people through purpose, there’s no limit to what they can do. Her organization helps multi-generational teams who need an unbiased partner to identify the gap between their current and ideal culture.  Grounded in her BA in Social Work and MS in Nonprofit Management, this millennial leader is sought after for her ability to create movements that resonate. MaryBeth has been honored in Maryland as ’Innovator of the Year,’ ’Women on the Move,’ ’Top 100 Women,’ ’Top 100 Millennial Blog,’ ’Civic Engagement Leader’ and ’Leading Women.’

Contact Us

Fill out this form below and we'll contact you shortly
*Required Fields