Frank, Frank & Scherr, LLC Elder Law, Estate Planning & Special Needs Planning 2026-06-03T09:01:14Z https://www.frankelderlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1601048/2020/07/cropped-Favicon-32x32.png On Behalf of Frank, Frank & Scherr, LLC <![CDATA[Can your beneficiaries get your estate executor removed?]]> https://www.frankelderlaw.com/?p=47591 2026-05-25T21:15:15Z 2026-05-25T21:15:15Z If this is the year you’ve committed to putting your estate plan in place, one of the most important decisions you’ll make is choosing your personal representative (commonly known as an executor). This is the person who will be in charge of administering your estate, so it’s critical to give that decision a lot of thought and to make certain the person you choose agrees to do the job when the time comes. We’ve discussed here in the past what kind of qualities to look for when choosing a personal representative, as well as the importance of naming at least one alternate.  However, what if some of your family members aren’t happy with your choice – even (or especially) if it’s another family member? Can they have your personal representative removed or does your choice have to be honored? That’s a question that concerns a lot of people – particularly if there are serious family conflicts. Probate laws typically give substantial weight to the wishes of the person who creates an estate plan. That goes for their choices of administrators (executors, trustees, those with power of attorney and so forth).

Reasons under the law for removal

Assuming that a personal representative meets the legal requirements of the state and they want to continue in the position, the probate court will not remove them without valid grounds. These grounds involve either serious wrongdoing or the inability to handle the responsibilities. Under the law, these include:
  • Intentionally disregarding a court order
  • Mismanaging property
  • Inability to “discharge the personal representative’s duties and powers effectively”
  • Misrepresenting “material facts in the proceedings leading to the personal representative's appointment”
If one or more of these or other reasons for removal are alleged, the personal representative is entitled to a court hearing where “all interested persons” can present their case. Ultimately, the court is supposed to let them continue in the position if it “would be in the best interests of the estate and would not adversely affect the rights of interested persons or creditors.” You can see why it’s critical to choose a personal representative who is capable of handling the job and will do so honestly. You can also see why it’s wise to choose an alternate who would likely be appointed as their successor. If you’re creating your estate plan at a time when you plan to live a lot more years, it’s important to remember that circumstances may change that warrant choosing a more appropriate personal representative down the line. When you partner with an estate planning professional, you can minimize the number of modifications you need to make to your estate plan and help ensure that you make the appropriate changes when necessary.]]> On Behalf of Frank, Frank & Scherr, LLC <![CDATA[Estate planning tips to safeguard your assets as a senior]]> https://www.frankelderlaw.com/?p=47588 2026-05-12T16:20:41Z 2026-05-12T16:20:41Z Estate planning is one of the most important steps seniors can take to protect their assets, family and future wishes. While many people delay the process, having a clear estate plan can reduce confusion and stress for loved ones later in life. A well-prepared estate plan does more than distribute property after death because it also addresses health care decisions, financial management and protection of important assets if you become unable to make decisions for yourself.

1. Create a clear and updated will

A will serves as the foundation of most estate plans. It outlines how your assets should be distributed and identifies the people responsible for carrying out your wishes. Without a valid will, state laws may determine who receives your property. Reviewing and updating your will regularly is important, especially after major life changes such as retirement, remarriage or the loss of a family member.

2. Consider using a living trust

A living trust can provide additional protection and flexibility for seniors with property, investments or multiple beneficiaries. Assets placed into a trust may pass directly to beneficiaries without going through probate. Trusts can also help maintain privacy and provide instructions for managing finances if you become incapacitated. 

3. Prepare powers of attorney

Estate planning should also include documents that address financial and medical decisions during your lifetime. A power of attorney allows a trusted person to manage financial matters if you cannot do so yourself.

4. Organize financial records and beneficiary information

Keeping accurate records of bank accounts, insurance policies, retirement accounts, property deeds and debts is an important part of protecting your estate. You should also review beneficiary designations regularly because these designations may override instructions in your will. Having organized records can help your family manage your estate more efficiently.

5. Protecting your legacy and family

Estate planning gives seniors greater control over their financial future and personal wishes. Taking proactive steps early may help preserve assets and avoid unnecessary legal complications later. Seeking reliable and professional legal advice can help you create a complete estate plan, protect your loved ones and ensure your wishes are carried out according to your goals and priorities.]]> On Behalf of Frank, Frank & Scherr, LLC <![CDATA[2 ways financial assets can skip probate]]> https://www.frankelderlaw.com/?p=47587 2026-04-24T21:18:39Z 2026-04-24T21:18:39Z When you pass away, many of your assets are going to go through probate. But it is important to remember that not all of them are bound by this process. There are some assets that can skip probate entirely, often by transferring out of your possession upon your passing. One example of this is a payable on death account. This is also known as a Totten trust. When you set up this type of account, it still operates similarly to a traditional financial or banking account. You are the only one who has access to it, but you can name a beneficiary who should become the account holder upon your passing. Because it is set up this way, it automatically transfers into their name, and they can often access those funds before probate has been completed.

A life insurance policy

A life insurance policy is similar. You buy the policy while you are alive, so you think of it as an asset that you own. But when you pass away, the life insurance provider makes the payout to your selected beneficiary. In some cases, an estate plan may actually be in conflict with the beneficiary designation on a life insurance policy. At that time, it is important to note that the designation usually takes precedence. The insurance company is going to pay the beneficiary that they were instructed to pay, regardless of what you wrote in your will.

Comprehensive estate planning

Making an estate plan is important, and it is crucial to think about all of the assets you own and how they may or may not be impacted. Be sure you know what legal steps to take to make a plan that works for your family.  ]]> On Behalf of Frank, Frank & Scherr, LLC <![CDATA[3 signs it may be time to review and update an estate plan]]> https://www.frankelderlaw.com/?p=47586 2026-04-13T23:18:53Z 2026-04-13T23:18:53Z Maryland estate plans help protect dependent family members and create a legacy for people who die. They can also outline medical preferences and grant legal authority to other adults in emergency scenarios. Estate plans may retain their authority indefinitely, but reviewing them occasionally to ensure they are accurate is still an important undertaking. How can people recognize when it may be time to review and modify an existing estate plan?

1. Changes in major relationships

Any significant change in family dynamics can make an estate planning update necessary. Both marriage and divorce generally make updates necessary. The birth of new beneficiaries or the death of people named in documents can also impact estate planning needs. Even estrangement from children and other family members can affect the best estate planning protection.

2. Shifts in personal holdings

Selling a professional practice prior to retirement or buying a bigger house are both transactions that could make estate planning reviews necessary. People may need to remove assets that they have sold from their estate planning documents or add beneficiary designations for valuable, recently acquired property.

3. Going years without a review

It is often advisable to review estate planning documents every three to five years for accuracy and legal compliance. Between changes in personal circumstances and evolving state statutes, documents can become outdated with little warning. Working with an estate planning attorney to routinely examine and modify existing documents can help Maryland residents optimize their legal protection. Regular updates are an important part of the estate planning process.]]> On Behalf of Frank, Frank & Scherr, LLC <![CDATA[Add a spendthrift trust to your estate plan]]> https://www.frankelderlaw.com/?p=47585 2026-03-23T23:03:43Z 2026-03-23T23:03:43Z When doing your estate planning, you may come to realize that certain heirs may need more restrictions placed on their future inheritances. While spendthrift trusts won’t be needed by every estate planner, they can come in handy for heirs who struggle with money management, substance abuse or other issues. Learn more about this estate-planning option below.

Who benefits most?

Trust grantors typically incorporate more restrictions on these trusts to prevent the beneficiaries from accessing and draining the trust’s principal by only receiving pre-scheduled disbursements of the funds from trustees. Beneficiaries may chafe at the restrictions, but they actually can benefit from proper investment and management of the trust’s principal. Keep in mind that not every heir is financially savvy and able to wisely manage large sums of money.

Choose unrelated third parties as trustees

One way to sow discord into formerly affable relationships is to appoint one family member over the finances of another relative. This can set up a power imbalance that destabilizes the familial ties and erodes the relationship. It’s far better to preserve the relationship between the parties by choosing an unrelated neutral party to oversee the trust’s management and handle financial disbursements.

What if beneficiaries are upset at the restrictions?

It’s important to understand that, outside of abiding by a few basic rules about inheritance law, people are free to leave their funds to whomever they choose. However, if beneficiaries are upset by the terms of their inheritance, they are always free to refuse it.]]> On Behalf of Frank, Frank & Scherr, LLC <![CDATA[2 types of assets you must know for Medicaid planning in Maryland]]> https://www.frankelderlaw.com/?p=47584 2026-03-09T08:40:52Z 2026-03-09T08:40:52Z You sit at your kitchen table, surrounded by your parent's financial documents, and wonder which assets will affect their Medicaid eligibility. This confusion is common when you navigate long-term care planning for your elderly loved ones. Hence, understanding how Medicaid views assets can clear up this problem.

How assets determine Medicaid eligibility

Medicaid uses your loved one's assets as a measuring tool for their eligibility. The program counts what they own and compares it to state limits. If their assets fall below the threshold, they can qualify for coverage. However, if they exceed the limit, they must spend down their assets first before receiving benefits. This means you could face difficult choices about selling property or depleting savings. Additionally, Medicaid reviews assets over a five-year lookback period to ensure proper reporting. Thus, understanding this process helps you plan ahead and protect your family's financial future. To make smart choices, you need to know what Medicaid actually counts as an asset.

What Medicaid includes in the calculation

Countable assets are resources that Medicaid looks at when you apply for eligibility. In Maryland, you must keep countable assets at $2,500 or less to qualify for benefits. Common countable assets include:
  • Bank accounts: Cash, checking and savings are liquid funds Medicaid can easily check.
  • Investment assets: Stocks, bonds and mutual funds hold money value that counts toward the limit.
  • Secondary property: Vacation homes or rental properties beyond the main home count in calculations.
If your loved one goes over the $2,500 limit in countable assets, they won't qualify. This is why proper planning becomes important. However, not everything counts toward this limit.

Which assets do Medicaid exempt from the limit

Fortunately, you don't have to count all assets against the $2,500 limit. Non-countable assets are resources that you can leave out of calculations. Your loved one can keep these assets and still qualify for benefits. Common non-countable assets include:
  • Primary home: The main home doesn't count because it serves as their main living space.
  • One vehicle: A single car doesn't count since it provides needed transportation.
  • Personal belongings: Furniture, clothing and wedding rings have personal rather than money value.
  • Burial funds: Money set aside for funeral costs ensures proper final plans.
These exemptions allow your loved one to maintain dignity and comfort while receiving care. Thus, understanding these exemptions opens up important planning chances for your family.

Protect your legacy while securing quality care

You've taken the first step by learning the difference between countable and exempt assets. Maryland's Medicaid rules involve complex details that change over time. You can develop ways to protect your family's assets while ensuring your loved one receives quality care. When you start early, you give yourself more chances to preserve what matters most while securing the care your loved one deserves.]]> On Behalf of Frank, Frank & Scherr, LLC <![CDATA[McDonald Law Firm acquires Frank, Frank & Scherr, LLC]]> https://www.frankelderlaw.com/?p=47581 2026-03-05T21:55:07Z 2026-03-05T21:55:07Z Frank, Frank & Scherr, LLC has offered client-focused estate planning and elder law services for more than 30 years. The firm has many clients who rely on its lawyers for guidance when they create estate planning documents, revise their existing paperwork or act to address elder law needs, such as a parent's medical decline.  Recently, McDonald Law Firm acquired Frank, Frank & Scherr, LLC. The acquisition process is complete, and Frank, Frank & Scherr, LLC is now part of McDonald Law Firm. 

What does this change mean for existing and future clients?

Clients who already have an existing relationship with Frank, Frank & Scherr, LLC can continue to partner with the firm following the acquisition. McDonald Law Firm has spent more than a decade establishing itself as a resource for elder law, estate planning and special needs planning. Clients can expect the same experienced guidance and reliable service they have come to expect from Frank, Frank & Scherr, LLC. The area that the firm can serve has now expanded from the greater Baltimore area and Maryland state to include Washington, D.C. The increased reach and additional resources available after the acquisition ensure that clients can continue to rely on McDonald Law Firm for their elder law, special needs planning and estate planning needs.  New clients may enjoy the expanded reach and new areas of legal support available after the acquisition. Parents and grandparents concerned about meeting the needs of children with special needs, older adults concerned about retirement and anyone considering their legacy may benefit from scheduling a consultation with McDonald Law Firm. ]]> On Behalf of Frank, Frank & Scherr, LLC <![CDATA[What makes a durable power of attorney distinct?]]> https://www.frankelderlaw.com/?p=47580 2026-02-22T12:18:52Z 2026-02-22T12:18:52Z When the document loses authority The main difference between a basic power of attorney designating authority to a medical or financial agent and a durable power of attorney is when the document no longer has legal authority. Simple powers of attorney generally lose legal power when the principal who drafted the document becomes permanently incapacitated. Durable documents do not lose their authority until the incapacitated party regains their testamentary capacity or dies. They can protect an individual from an involuntary guardianship if they develop Alzheimer's disease or other permanent and debilitating medical conditions. Without durable documents, a person who drafted powers of attorney could end up subject to a guardianship pursued by a family member or professional caregiver. Durable powers of attorney essentially allow a person to name their own future guardian, should that degree of support eventually become necessary. Creating a thorough estate plan that addresses both mortality and emergencies can be beneficial for those concerned about their families and their finances. For example, durable powers of attorney are important inclusions for those with medical challenges and people preparing for retirement.]]> On Behalf of Frank, Frank & Scherr, LLC <![CDATA[Understanding guardianship and power of attorney in Medicaid]]> https://www.frankelderlaw.com/?p=47578 2026-02-18T13:38:38Z 2026-02-18T07:50:39Z When a loved one cannot make decisions, you often need to help with the Medicaid application. You may act as a guardian or as a person with power of attorney (POA). The type of authority you have can affect how quickly the process moves and how difficult it becomes.

How guardianship affects Medicaid applications

Guardianship is a court process. In Maryland, a judge gives you the power as guardian of the property to manage your loved one's money. Under the state's law, you often must ask the court before you sell a home or move large assets. Maryland Medicaid uses a strict 60-month look-back period. Reviewers check financial activity from the last five years. They look for money you gave away or moved without a clear reason. You must keep very clear records. If you cannot explain spending, Medicaid may give you a penalty or deny benefits. Maryland courts treat guardianship as a last option. However, you may need it if your family does not have a POA or legal plan.

How the power of attorney affects Medicaid applications

You sign a POA while you can still make decisions. This document allows a trusted person to manage your money and handle legal tasks for you. In Maryland, you can often use a POA faster than you can go through court. However, the document must use clear, specific language. Under the Maryland General and Limited Power of Attorney Act, your agent usually cannot give away assets or do Medicaid planning unless your POA clearly allows it. If your POA is too limited or missing gifting language, your family may still need guardianship to finish the Medicaid process.

What families should consider before applying

Guardianship and POA follow different rules. They also follow different timelines. Maryland Medicaid rules are strict. Small document mistakes can cause long delays in getting care. You may speak with an attorney to help you review documents and check the five-year look-back rules before applying.]]> On Behalf of Frank, Frank & Scherr, LLC <![CDATA[How estate planning can reduce or avoid Medicaid estate recovery]]> https://www.frankelderlaw.com/?p=47577 2026-02-11T03:19:18Z 2026-02-11T03:19:18Z Medicaid Estate Recovery Program (MERP). That can significantly reduce what loved ones inherit. However, with the right estate planning strategies in place, it may be possible to reduce or even avoid Medicaid recovery.

Exemptions and protections

Maryland’s Medicaid estate recovery usually applies only to assets that go through probate. These include real estate titled solely in the Medicaid recipient’s name as well as bank accounts and other assets without beneficiary designations. If no planning is done, the family home is often the most significant asset exposed to recovery. One of the most effective ways to reduce exposure to recovery is to begin planning well before long-term care is needed. Irrevocable trusts are commonly used because the individual no longer owns any assets placed in them. Here are two important points to remember:
  • The Medicaid look-back period is 60 months. The state will review all financial transactions made during that time, including asset transfers.
  • Once created, an irrevocable trust can’t easily be changed and may require court intervention.
Another planning option involves structuring how the assets are transferred upon death. Those that go directly to a named beneficiary or surviving joint owner usually avoid probate and, thus, Medicaid recovery. The law also provides protections for certain family situations. Estate recovery is generally postponed if there is a surviving spouse. It may also be limited or avoided if the Medicaid recipient is survived by a disabled child or recovery would cause undue hardship to the heirs. Estate planning is not about hiding assets from Medicaid recovery. It’s about using the legal tools available to protect a lifetime of savings, preserve family stability and ensure long-term care needs are met. Working with a legal professional can make all the difference in protecting your legacy while still allowing you to access the care you may need later in life.]]>