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Kenneth R West Lawyer

Kenneth R West

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Car Accident, Personal Injury, Trusts, Accident & Injury, Insurance

Selected as a Top Rated Lawyer™ in Washington, D.C. and Baltimore, 2012 edition, in personal injury, trust and estate litigation as well as commerci... (more)

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Stephen Cromwell

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Real Estate, Estate, Business, Criminal, Lawsuit & Dispute

Steve, originally from Baltimore, holds a JD and an MBA in Finance from the University of Maryland. In addition to advanced degrees, Steve has complet... (more)

Daniel Aaron Brown Lawyer

Daniel Aaron Brown

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Accident & Injury, Products Liability, Estate, Business, Litigation

I like what we have built here at Brown | Gould | Kiely, LLP. We are a family of lawyers that enjoys rolling up our sleeves and doing quality work for... (more)

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Heather Sisto Koontz

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Divorce & Family Law, Estate, Business

Heather Sisto Koontz is an attorney in the firm’s Family Law group. She focuses her practice on divorce, custody, pre-and post-nuptial agreements an... (more)

Diane K. Kuwamura

Estate, Power of Attorney, Prenuptial Agreements
Status:  In Good Standing           

Kathy Anne Mancusi

Wills & Probate, Government Agencies, Health Care, Wills
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Dena C. Feeney

Gift Taxation, Estate Planning, Wills & Probate, Trusts
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Kay Bittner Schwartz

Power of Attorney, Living Wills, Estate Planning, Elder Law
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Ronald Willoner

Wills & Probate, Family Law, Banking & Finance, Medical Malpractice
Status:  In Good Standing           

Catherine Denise Jones

Criminal, Family Law, Wills & Probate
Status:  In Good Standing           Licensed:  11 Years

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LEGAL TERMS

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)
A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

SAMPLE LEGAL CASES

Pautsch v. MARYLAND REAL ESTATE COM'N

16 A.3d 977 (2011). 418 Md. 587. JOEL PAUTSCH v. MARYLAND REAL ESTATE COM'N. Pet. Docket No. 619. Court of Appeals of Maryland. Granted April 22, 2011. Petition for Writ of Certiorari granted.

Attorney Grievance v. Kendrick

... 13, 1994, violated Rules 1.1 (Competence), [2] 1.3 (Diligence), [3] 1.5 (Fees), [4] 1.15 (Safekeeping Property), [5] and 8.4 (Misconduct) [6] of the Maryland Rules of Professional Conduct ("MRPC") in her representation as Co-Personal Representative of the Estate of Judith Nina ...

Kroll v. Fisher

... Circuit Court for Allegany County. Appellee is the personal representative of the estate of Mary D. Kroll ("Ms. Kroll"), and prior to Ms. Kroll's death, appellee acted as attorney-in-fact for Ms. Kroll. In his complaint, appellant alleged ...