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

By: Jeffrey Stauffer, Director, The Elville Center for the Creative Arts 443-393-7696, jeff@elvilleassociates.com Since its inception in mid-2014, The Elville Center for the Creative Arts, the firm’s 501(c)(3) non-profit corporation, has partnered with local and regional businesses such as Music and Arts, WBJC 91.5 FM, and recently The Columbia Orchestra and local schools to provide musical instruments, musical instrument rental, music lessons, and participation in music-related activities to and for children of all ages throughout Maryland. The purpose of the Elville Center is to improve the quality of life of children of all ages by providing them the opportunity to learn music theory and application, experience cultural events related to the musical and creative arts, and to use music and the promotion of music-related activities to transcend social and economic divisions. Over the months, generous donors have provided instruments ranging from clarinets to violins, flutes to cellos, trumpets to guitars and even a rare Hawaiian ukulele and African flute. The Elville Center then takes these instruments to its Music & Arts Center partner and pays for their refurbishment so students receive an instrument in excellent condition that The Elville Center is proud to deliver and the students are excited to play. On January 13th, Stephen R. Elville, President and Founder of The Elville Center, met with the administration and teachers of Benjamin Tasker Middle School to provide the first flight of musical instruments and music supplies to the school’s students and music department. Plans are underway for future instrument donations as well as providing assistance for the school’s spring musical. “I hope this event sparks the imaginations of other donors,” remarked Mr. Elville. “We are looking forward to continuing the project of re-equipping the Music Department at Benjamin Tasker and addressing the needs of music students throughout the region." In March, The Elville Center partnered with The Columbia Orchestra to sponsor the purchase of 30 tickets for children to attend its popular Young People’s Concert Series. The program included a “Carnival of the Animals,” which featured a combination of music and dance as well as “The Thrill of the Orchestra,” which introduced children to the various instruments and music from the hit Disney movie “Frozen.” In between the performances, students were given the opportunity to participate in a musical instrument petting zoo where they could touch and try to play the various instruments In addition to individual and corporate donations, Elville and Associates contributes its own corporate funds to the Elville Center. It is the hope of Mr. Elville that this charitable initiative will continue to capture the imaginations and enthusiasm of our clients, business partners, and the community at large and will continue to grow in scope, culminating in the fulfillment of many dreams and a continuation of the music. If you are interested in The Elville Center For The Creative Arts and would like to learn more, or if you would like to make a donation or pledge, please contact Jeff Stauffer at 443-393-7696 or via email at jeff@elvilleassociates.com. Personal meetings with Mr. Elville for discussion of The Elville Center are available upon request.

Frederick, Maryland – Stephen R. Elville, Principal of Elville & Associates, announced today the opening of a new office for the estate planning, elder law and special needs planning firm effective immediately. The office is located at 5100 Buckeystown Pike, Suite 250, in Frederick, convenient to the bustling I-270 corridor. To complement the firm’s vision of constantly working to exceed its clients’ and business partners’ expectations, the amenities are state-of-the-art, with an especially attractive, high-tech, comfortable conference room. The Frederick office will complement the firm’s offices in Columbia (9192 Red Branch Road, Suites 100 and 300) Rockville (Rockville Town Center, 199 E. Montgomery Avenue, Suite 100), Annapolis (1997 Annapolis Exchange Parkway, Suite 300) and Baltimore (The Rotunda, 711 W. 40th Street, Suite 358). “I am very happy to expand our firm’s estate planning educational approach and caring for clients model, along with our elder law capabilities, to Frederick and Frederick County, and the entire I-270 corridor,” said Mr. Elville. “It is my hope that our presence in Frederick will greatly benefit the community through the delivery of leading-edge solutions to individuals and families.” For more information about Elville & Associates’ new Frederick office, please contact 443-393-7696, visit elvilleassociates-staging.bgbshlgq-liquidwebsites.com or email jeff@elvilleassociates.com. Elville & Associates engages clients in a multi-step educational process to ensure that estate, elder law, and special needs planning works from inception, throughout lifetime, and at death. 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 Elville and Associates. For more information, please call 443-393-7696 or complete the form below.

Stephen R. Elville, Principal at the estate planning, elder law and special needs firm of Elville and Associates, will be speaking on a nationwide webinar through Bloomberg BNA on Monday, June 29th from noon to 1:00 p.m. The webinar, titled “Estate Planning Essentials,” will cover traditional versus non-traditional estate planning, avoiding plan failure, understanding non-probate transfers, and the avoidance of guardianship. According to its website, “Bloomberg BNA, a wholly-owned subsidiary of Bloomberg, is a leading source of legal, tax, regulatory and business information for professionals. It has a network of more than 2,500 reporters, correspondents and leading practitioners that deliver expert analysis, news, practice tools, and guidance. Its flagship legal product, Bloomberg Law, a fully-integrated legal and business intelligence research solution, combines trusted news and expert analysis with comprehensive market data and cutting-edge technology.” Mr. Elville works with individuals and families to provide a unique attorney-client experience and peace of mind solutions to the challenges they face with estate, asset protection, and tax planning issues, and with disability and a long-term care planning issues. He 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 clients issues in the followings areas: wills, trusts, 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 a Maryland Super Lawyer for 2015, and is a member of the National Association of Elder Law Attorneys, Elder Counsel, Wealth Counsel, the Academy of Special Needs Planners, and the National Network of Estate Planning Attorneys. He currently serves as a member of the Maryland State Bar Association Elder Law Section Council and the Charitable Gift Planning Advisory Committee for Anne Arundel Medical Center. He also serves as Chair for Law Day Maryland. He is a frequent guest presenter for banks and credit unions, businesses, associations, hospitals, and other facilities and groups. He provides continuing education for financial advisors and CPAs, and is a guest lecturer for the National Business Institute. Mr. Elville’s daily blog appears on WBJC.com and on elvilleassociates-staging.bgbshlgq-liquidwebsites.com and his articles have appeared in The Business Monthly. For more information, please call 443-393-7696 or complete the form below.

To qualify for the VA Improved Pension benefits: The veteran must have served at least 1 day during a qualified war period. The veteran must have served at least 90 days of active duty. The veteran must have received a better than dishonorable discharge. The claimant must be over the age of 65 or permanently or totally disabled. The claimant must be a surviving spouse of a qualified veteran who did not remarry. The claimant or spouse must require assistance with daily living requirements. The claimant's monthly medical expenses must equal or exceed their monthly income. For more information, please call 443-393-7696 or complete the form below.

Estate Planning is the process of giving your assets to who to want, the way you want, in the most efficient way possible. Estate Planning is not just for the disposing of assets, it is also a way to pass on your values and ideas - your intellectual capital, as well as lifetime beliefs, possibly multi-generational in nature, the things that you (and your ancestors) hold dear. Estate Planning is also for those persons who are interested in protecting their loved ones. Through the mechanism of Estate Planning, it is possible to protect against creditors, bad marriages, unwise behaviors, and predators. We all need estate planning, and it is best practiced in a long-term, lifetime process. As laws and needs change, continuous education, planning and funding are essential. And, the decisions made regarding estate planning are among the most important decisions we make in our lifetime. For more information, please call 443-393-7696 or complete the form below.

Accredited VA planning attorneys are uniquely qualified to help clients with Veteran's Benefits; they take a comprehensive approach, ensuring the client is protected. They manage the complexities associated with qualifying for the VA Improved Pension, while protecting clients from other financial hardships. The local law firm, Elville & Associates, led by Principal, Stephen R. Elville, J.D., LL.M., is a member of the Academy of VA Pension Planners. Therefore, as an accredited VA Planning Attorney, the firm: is legally obligated to act in the best interest of the client. must be knowledgeable of: current IRS rules and regulations and knows how IRAs can be problem assets how to draft the appropriate trust to allow an applicant to meet the asset requirement and preserve assets estate and gift tax implications for transferring assets can prepare: real estate documents to allow an applicant to meet the asset qualifications a Medicaid compliant caregiver agreement seeks long-term clients they can assist throughout their lives, rather than seeking commission sales cannot give a finder's fee to a referral, but does give clients confidence and peace of mind For more information, please call 443-393-7696 or complete the form below.

For those who qualify, The VA pension can significantly improve the quality of life. The current maximum VA Pension amounts, based on claimant needs and marital/dependent status, range from $648-$2019 per month. To receive more detailed information on qualifying amounts, contact Elville and Associates Principal, Stephen R. Elville, J.D., LL.M. at 443-393-7696. For more information, please call 443-393-7696 or complete the form below.

1)  Provides a warm, empathetic approach and caring environment. 2)  Planning attorney is a counselor and not just a technician. 3)  Clients are provided with a unique estate planning or elder care experience and not just a transaction. 4)  Provides an interactive planning process in partnership with the client and with emphasis on client goals (not a paternalistic approach). 5)  Ensures financial advisor/CPA friendly approach with goal of inclusive total team effort; works in good faith with financial advisor and/or CPA to implement all appropriate solutions in best interests of the client. 6)  Timely and structured process - encourages clients to complete the planning process and discourages procrastination. 7)  Trust funding -- planning attorney and firm's funding coordinator oversee and ensure proper funding of all estate and elder law plans (client not abandoned with unfunded plan). 8)  Client education and understanding - to the extent possible, attorney ensures that client understands their estate planning documents and choices. 9)  Follow-up - maintains on-going contact with clients via annual continuing education and maintenance programs to encourage clients to meet with attorney at least once every other year, and facilitates client-planning attorney contact throughout the years via quarterly newsletter and other notifications. 10)  Value-added services - provides client access to latest in on-line document storage, and all available contemporary recommendations for "complete" planning. For more information, please call 443-393-7696 or complete the form below.

While many varieties of estate planning are available, at Elville & Associates we do not practice the traditional 2-3 meeting planning process. Our approach is more comprehensive and long term. We need to: really get to know our clients to address their concerns thoroughly review all choices and planning options with the client understand the family's individual dynamics develop initial estate planning drafts review the drafts with the client use feedback to make adjustments review the revised documents at least two times with the clie prepare, present and have clients sign the final documents and power of attorney understand and meet with clients to sign funding documents meet with the client's family for a post-signing family meeting Well developed, funded estate planning comprises 3 phases: Plan development and execution Continuing education, maintenance and updating throughout the lifetime Administration at death Without this depth of process, the planning is one-dimensional, costly and often unsuccessful. For more information, please call 443-393-7696 or complete the form below.

Steve Elville gave a presentation today during the Waxter Wisdom Day series at the Waxter Senior Center in Baltimore City. Many Seniors were in attendance and presented many questions that Mr. Elville answered in a Q&A session. Many seniors planning for the future of their legacy may not realize their position until posed with the useful information Mr. Elville and his associates strive to provide the to community. This event gave Mr. Elville an opportunity to reach out and educate those in need of this vital information today.” Please see our schedule to participate in our next event and have your inquiries addressed as well. We are here to assist and protect your future… your legacy. For more information, please call 443-393-7696 or complete the form below.

By Stephen R. Elville, J.D., LL.M. Many clients have expressed to me that they consider their Advance Medical Directive to be the most important of all their legal documents. Whether or not this is the case for you, it is clear that Advance Medical Directives are of tremendous importance to the individuals who take the time to thoughtfully consider the choices available to them under Maryland law and to their loved ones who will ultimately depend upon those choices as a guideline for carrying out important, if not critical, health care decisions. With the recent introduction of MOLST, individual health care decision making can now be even more personalized and definitive. In the following paragraphs, I will outline the highlights of what has recently been disseminated to the elder law and estate planning bar about MOLST by the Maryland Office of Health Care Quality and Maryland Attorney General’s office. For more information, please call 443-393-7696 or complete the form below.

On May 31, 2011 Barrett R. King, Esquire, an associate attorney at Elville & Associates in the Columbia, Maryland office, was admitted to the United States Supreme Court in a formal ceremony. Following the ceremony, Mr. King and peer inductees met for a luncheon attended by Associate Justice Ruth Bader Ginsberg.To have the right to appear and argue cases in front of any court, a lawyer has to seek admission and be sworn in by that court. For example, all Maryland lawyers are admitted to practice before the Maryland Court of Appeals, which gives them the right to practice in any state court in Maryland. To practice in the US Supreme Court Bar, a lawyer must be sponsored by attorneys already admitted to the Supreme Court and appear for a swearing-in before the Justices in attendance.